LIBRARY 

OF   THK 

UNIVERSITY  OF  CALIFORNIA. 


OIF^T  OK 


:  S\  TuW 

Accession     „ 


LAWS 


FOR   THE 


REGULATION  AND  SUPPORT 


OF    THE 


COMMON  SCHOOLS  OF  KANSAS, 


Compliments  of 


FRANK  NELSON, 

State  Superintendent  of  Public  Instruction, 
TOPBKA,  KAN. 


1899. 


PEEPAEED  T7NDBB  THB  SPPEEVISION  OP 

FRANK  NELSON, 

State  Superintendent  of  Public  Instruction. 


LAWS 


FOR   THE 


REGULATION  AND  SUPPORT 


OF   THE 


COMMON  SCHOOLS  or  KANSAS, 


TOGETHER    WITH 


NOTES  FOE  SCHOOL  OFFICERS 


AND 


OFFICIAL  OPINIONS. 


1899. 


PEEPAEED  CNDBB  THE  SUPEBVISION  OF 

FRANK  NELSON, 

State  Superintendent  of  Public  Instruction. 


K2-3 


W.  Y.  MORGAN,  STATE  PRINTER, 
TOPEKA. 


To  County  Superintendents  and  School  Officers: 

In  accordance  with  the  law,  I  forward  you  herewith  a  copy  of 
the  revised  laws  for  the  support  of  schools.  The  issue  of  this 
edition  has  been  delayed  because  sufficient  funds  for  the  print- 
ing of  the  same  were  not  available  until  after  the  beginning  of 
the  fiscal  year,  July  1. 

I  call  your  attention  to  the  fact  that  some  new  laws  of  special 
importance  were  passed  at  the  last  session  of  the  legislature  ; 
i.  e.r  amending  the  law  in  regard  to  state  certificates,  extending 
the  operations  of  the  text-book  law  to  high  schools,  consolida- 
tion of  school  districts,  etc. 

Enough  copies  have  been  printed  to  furnish  each  school  offi- 
cer of  the  state  with  one  copy.  I  earnestly  hope  the  informa- 
tion contained  may  prove  helpful  in  promoting  the  educational 
interests  of  the  state. 

FRANK  NELSON, 
State  Supei  intendent  of  Public  Instruction. 

TOPEKA,  August  1,  1899. 


85433 


TABLE  OF  CONTENTS. 

PAGE. 

EDUCATIONAL  PROVISIONS  or  THE  ORGANIC  ACT 1 

EDUCATIONAL  PROVISIONS  OF  THE  STATE  CONSTITUTION 1 

EDUCATIONAL  PROVISIONS  or  THE  ACT  or  ADMISSION 3 

MALICIOUS  DESTRUCTION  OF  PROPERTY 4 

ARTICLE  I State  Superintendent  of  Public  Instruction 5 

ARTICLE  II County  Superintendents  of  Public  Instruction 9 

ARTICLE  III School  Districts 22 

ARTICLE  IV Union  or  Graded-School  Districts 31 

ARTICLE  V District  Officers 33 

ARTICLE  VI District  Schools 45 

ARTICLE  VII Compulsory  Attendance  at  School 48 

ARTICLE  VIII Uniformity  of  Text-books 50 

ARTICLE  IX County  High  Schools 53 

ARTICLE  X Normal  Institutes 60 

ARTICLE  XI Certificates 63 

ARTICLE  XII Public  Schools  in  Cities  of  the  First  Class 72 

ARTICLE  XIII Public  Schools  in  Cities  of  the  Second  Class 87 

ARTICLE  XIV Public  Schools  in  Cities  of  the  Third  Class 97 

ARTICLE  XV School-District  Bonds 98 

ARTICLE  XVI Refunding  Bonds 105 

ARTICLE  XVII State  Permanent  School  Fund 112 

ARTICLE  XVIII . . .  .State  Annual  School  Fund 119 

ARTICLE  XIX County  School  Fund 121 

ARTICLE  XX Registration  of  Warrants 123 

ARTICLE  XXI Water-closets 126 

ARTICLE  XXII School-District  Libraries 127 

ARTICLE  XXIII. . .  .School  Lands 128 

ARTICLE  XXIV Fines  and  Penalties 145 

ARTICLE  XXV School  Text-books 146 

ARTICLE  XXVI Reform-School  Pupils 159 

ARTICLE  XXVII . .  .Bonds  and  Warrants  Lost  and  Destroyed 160 

INDEX .  161 


NOTE. — The  figures  enclosed  in  brackets,  thus  [69],  refer  to  the  paragraph 
numbers  in  the  General  Statutes  of  1889;  the  section  numbers,  beginning  on 
page  5,  are  in  consecutive  order  as  a  simple  reference  to  the  School  Laws  of  1899. 
For  example:  If  it  is  desired  to  quote  the  section  of  the  law  that  appears  at 
bottom  of  page  14,  the  reference  should  be  stated  thus:  "Section  21,  School 
Laws  of  1899;  paragraph  5566,  General  Statutes  of  1889." 

Official  opinions  will  be  found  in  the  notes  at  the  bottom  of  the  pages. 


EDUCATIONAL  PROVISIONS  OF  THE  ORGANIC  ACT. 


[69.]  *  SECTION  34.  And  be  it  further  enacted,  That  when  the 
lands  in  the  said  territory  shall  be  surveyed  under  the  direction 
of  the  government  of  the  United  States,  preparatory  to  bringing 
the  same  into  market,  sections  numbered  16  and  36  in  each 
township  in  said  territory  shall  be  and  the  same  are  hereby  re- 
served for  the  purpose  of  being  applied  to  schools  in  said  terri- 
tory and  in  the  states  and  territories  hereafter  to  be  erected  out 
of  the  same. 

Approved  May  30,  1854. 


EDUCATIONAL  PROVISIONS  OF  THE  STATE  CONSTI- 
TUTION. 


ARTICLE    II. 

[141 .]  SECTION  23.  The  legislature,  in  providing  for  the  for- 
mation and  regulation  of  schools,  shall  make  no  distinction  be- 
tween the  rights  of  males  and  females. 

ARTICLE    VI. 

[177.]  SECTION  1.  The  state  superintendent  of  public  in- 
struction shall  have  the  general  supervision  of  the  common- 
school  funds  and  educational  interests  of  the  state,  and  perform 
such  other  duties  as  may  be  prescribed  by  law.  A  superintend- 
ent of  public  instruction  shall  be  elected  in  each  county,  whose 
term  of  office  shall  be  two  years,  and  whose  duty  and  compen- 
sation shall  be  prescribed  by  law. 

[178.]  SEC.  2.  The  legislature  shall  encourage  the  promo- 
tion of  intellectual,  moral,  scientific  and  agricultural  improve- 
ment, by  establishing  a  uniform  system  of  common  schools  and 
schools  of  higher  grade,  embracing  normal,  preparatory,  colle- 
giate and  university  departments. 

*  See  note  at  bottom  of  table  of  contents. 


2  CONSTITUTIONAL    PROVISIONS. 

[179.]  SEC.  3.  The  proceeds  of  all  lands  that  have  been  or 
may  be  granted  by  the  United  States  to  the  state  for  the  sup- 
port of  schools,  and  the  500,0.00  acres  of  land  granted  to  the  new 
states  under  an  act  of  congress  distributing  the  proceeds  of  pub- 
lic lands  among  the  several  states  of  the  union,  approved  Sep- 
tember 4,  A.  D.  1841,  and  all  estates  of  persons  dying  without 
heir  or  will,  and  such  per  cent,  as  may  be  granted  by  congress 
on  the  sale  of  lands  in  this  state,  shall  be  the  common  property 
of  the  state,  and  shall  be  a  perpetual  school  fund,  which  shall 
not  be  diminished,  but  the  interest  of  which,  together  with  all 
the  rents  of  the  lands,  and  such  other  means  as  the  legislature 
may  provide  by  tax  or  otherwise,  shall  be  inviolably  appropri- 
ated to  the  support  of  common  schools. 

[180.]  SEC.  4.  The  income  of  the  state  school  funds  shall  be 
disbursed  annually,  by  order  of  the  state  superintendent,  to  the 
several  county  treasurers,  and  thence  to  the  treasurers  of  the 
several  school  districts,  in  equitable  proportion  to  the  number 
of  children  and  youth  resident  therein,  between  the  ages  of  5 
and  21  years  :  Provided,  That  no  school  district  in  which  a  com- 
mon school  has  not  been  maintained  at  least  three  months  in 
each  year  shall  be  entitled  to  receive  any  portion  of  such  funds. 

[181.]  SEC.  5.  The  school  lands  shall  not  be  sold  unless 
such  sale  shall  be  authorized  by  a  vote  of  the  people  at  a  gen- 
eral election ;  but,  subject  to  revaluation  every  five  years,  they 
may  be  leased  for  any  number  of  years  not  exceeding  25,  at  a 
rate  established  by  law. 

[182.]  SEC.  6.  All  money  which  shall  be  paid  by  persons  as 
an  equivalent  for  exemption  from  military  duty ;  the  clear  pro- 
ceeds of  estrays,  ownership  of  which  shall  invest  in  the  taker-up  ; 
and  the  proceeds  of  fines  for  any  breach  of  the  penal  laws,  shall 
be  exclusively  applied  in  the  several  counties  in  which  the 
money  is  paid  or  fines  collected,  to  the  support  of  common 
schools. 

[183.]  SEC.  7.  Provisions  shall  be  made  by  law  for  the  es- 
tablishment, at  some  eligible  and  central  point,  of  a  state  uni- 
versity, for  the  promotion  of  literature  and  the  arts  and  sciences, 
including  a  normal  and  agricultural  department.  All  funds 
arising  from  the  sale  of  lands  granted  by  the  United  States  to 
the  state  for  the  support  of  a  state  university,  and  all  "other 
grants,  donations,  or  bequests,  either  by  the  state  or  by  individ- 


CONSTITUTIONAL   PROVISIONS.  6 

uals,  for  such  purpose,  shall  remain  a  perpetual  fund,  to  be 
called  the  "  university  fund,"  the  interest  of  which  shall  be  ap- 
propriated to  the  support  of  the  state  university. 

[184. J  SEC.  8.  No  religious  sect  or  sects  shall  ever  control 
any  part  of  the  common-school  or  university  funds  of  the  state. 

[185.]  SEC.  9.  The  state  superintendent  of  public  instruc- 
tion, secretary  of  state  and  attorney-general  shall  constitute  a 
board  of  commissioners  for  the  management  and  investment  of 
the  school  funds.  Any  two  of  said  commissioners  shall  be  a 
quorum. 

(Constitution  ratified  by  the  people  October  4,  1859.) 


EDUCATIONAL    PROVISIONS    OF  THE   ACT  OF  ADMIS- 
SION. 


[264.]  SECTION  3.  ...  First:  That  sections  numbered 
16  and  36,  in  every  township  of  public  lands  in  said  state,  and 
where  either  of  said  sections  or  any  part  thereof  has  been  sold 
or  otherwise  been  disposed  of,  other  lands,  equivalent  thereto 
and  as  contiguous  as  may  be,  shall  be  granted  to  said  state  for 
the  use  of  schools. 

Second :  That  72  sections  of  land  shall  be  set  apart  and  re- 
served for  the  use  and  support  of  a  state  university,  to  be  se- 
lected by  the  governor  of  said  state,  subject  to  the  approval  of 
the  commissioner  of  the  general  land-office,  and  to  be  appropri- 
ated and  applied  in  such  manner  as  the  legislature  of  said  state 
may  prescribe  for  the  purpose  aforesaid,  but  for  no  other  pur- 
pose. 

Approved  January  29,  1861. 


DESTROYING    PROPERTY. 


MALICIOUS  DESTRUCTION  OF  PROPERTY. 


[2498.]  Any  person  who  shall  wilfully  and  maliciously  de- 
stroy, deface,  remove  or  injure  the  property  of  another,  public 
or  private,  shall,  on  conviction,  be  deemed  guilty  of  a  misde- 
meanor, and  punished  by  fine  not  less  than  $5  nor  more  than 
$500,  or  by  imprisonment  in  the  county  jail  not  to  exceed  six 
months,  or  by  both  such  fine  and  imprisonment.  (  Laws  1886, 
ch.  104,  sec.  1.) 


LAWS  RELATING  TO  COMMON  SCHOOLS, 


ARTICLE  I. 


STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


8. 


May  publish  the  school  laws  in  force,  and 
shall  cause  the  printing  and  distribution 
of  blanks  required  in  the  transaction  of 
the  common-school  business. 

Shall  visit  schools,  and  recommend  text- 
books. 

9.  Office  at  seat  of  government;  books,  ap- 
paratus, reports,  etc.,  to  be  preserved 
therein. 

10.  Evidence. 

11.  Biennial  report;  when  it  shall  be  made, 

and  what  it  shall  contain. 


§1.   Official  oath  and  bond. 

2.  Shall  have  supervision  of  the  educational 

interests  of  the  state. 

3.  May  appoint  an  assistant  superintendent 

and  a  clerk  of  the  board  of  school-fund 
commissioners. 

4.  Apportionment  of  the  annual  school  fund ; 

time  of  making,  and  basis  of  the  same. 

5.  Manner  of  apportioning  the  state  annual 

school  fund. 

6.  Official  opinions  to  be  given  at  the  request 

of  county  superintendents,  and  a  record 
of  all  such  decisions  to  be  kept. 

SECTION  1.  Oath  and  Bond.  [6623.]  The  state  superintend- 
ent of  public  instruction  shall,  before  he  enters  upon  the  duties 
of  his  office,  take  and  subscribe  the  proper  oath  of  office,  and 
shall  execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  $10,- 
000,  with  two  or  more  sufficient  sureties  to  be  approved  by  the 
executive  council,  conditioned  that  he  shall  faithfully  perform 
the  duties  of  his  said  office,  which  oath  and  bond  shall  be  filed 
in  the  office  of  the  secretary  of  state.  (Laws  1879,  ch.  166,  sec. 
78.) 

SEC.  2.  General  Duties.  [6624.]  The  educational  interests 
of  the  state  shall  be  under  the  supervision  and  management  of 
the  state  superintendent  of  public  instruction,  subject  to  such 
limitations  and  restrictions  as  are  or  may  be  prescribed  by  law  ; 
and  he  shall  have  and  exercise  the  powers  and  perform  the  du- 
ties prescribed  in  the  acts  relating  to  common  schools.  ( Laws 
1879,  ch.  166,  sec.  79.) 

SEC.  3.  Assistant  and  Clerk.  [6625.]  The  state  superintend- 
ent shall  have  power  to  appoint  an  assistant  superintendent  of 
public  instruction,  who  shall  take  the  proper  oath  of  office, 
which  shall  be  filed  in  the  office  of  the  secretary  of  state  ;  and 
such  assistant  shall  perform  such  duties  as  his  principal  shall 


6  SCHOOL    LAWS    OF    KANSAS. 

prescribe,  not  inconsistent  with  law.  Such  assistant  shall  be 
styled  the  "assistant  state  superintendent  of  public  instruction/' 
and  the  state  superintendent  shall  be  responsible  for  all  the  offi- 
cial acts  of  such  assistant.  Such  superintendent  may  also  ap- 
point an  additional  clerk,  who  shall  act  as  clerk  of  the  board  of 
commissioners  for  the  management  and  investment  of  the  school 
funds  ;  and  such  clerk  shall  perform  such  other  duties  as  the  su- 
perintendent may  require,  and  for  whose  official  acts  such  super- 
intendent shall  be  responsible.  (Laws  1879,  ch.  166,  sec.  80.) 

SEC.  4.  Apportionment  of  School  Fund.  [6626.]  Such  state 
superintendent  shall  distribute  the  income  of  the  state  school 
fund  and  the  annual  taxes  collected  by  the  state  for  the  support 
of  common  schools  to  those  counties  of  the  state  from  which  the 
proper  reports  have  been  received  by  said  state  superintendent. 
Such  distribution  shall  be  made  twice  in  each  year,  as  follows  : 
All  such  moneys  received  up  to  the  15th  of  February  shall  be 
distributed  between  the  15th  and  last  day  of  such  month,  and 
that  received  up  to  the  15th  day  of  August  shall  be  distributed 
between  the  15th  and  last  day  of  such  month.  The  apportion- 
ment to  each  county  shall  be  made  in  proportion  to  the  number 
of  children  over  the  age  of  5  years  and  under  the  age  of  21 
years,  resident  therein,  as  shown  by  the  last  annual  report  of 
the  county  superintendent  to  the  state  superintendent.  (Laws 
1879,  ch.  166,  sec.  81.) 

SEC.  5.  Draw  Orders.  [6627.]  Such  superintendent  shall  draw 
his  order  on  the  state  treasurer  in  favor  of  the  county  treasurer 
of  the  counties  respectively  entitled  to  school  moneys  for  the 
amount  of  such  moneys  apportioned  to  his  county,  and  certify 
the  amount  of  such  order  to  the  state  treasurer  and  state  audi- 
tor1, and  also  to  the  county  clerk  and  superintendent  of  the 
proper  county.  (Laws  1879,  ch.  166,  sec.  82.) 

SEC.  6.  Official  Opinions .  [6628.]  Such  superintendent  shall, 
at  the  request  of  any  county  superintendent,  give  his  opinion, 
upon  a  written  statement  of  the  facts,  on  all  questions  and  con- 
troversies arising  out  of  the  interpretation  and  construction  of 
the  school  laws  in  regard  to  the  rights,  powers  and  duties  of 
school-district  boards,  school  officers,  and  county  superintend- 
ents, and  shall  keep  a  record  of  all  such  decisions.  Before  giving 
any  such  opinion,  the  superintendent  may  submit  the  statement 
of  facts  to  the  attorney  general  for  his  advice  thereon,  and  it 


SCHOOL    LAWS    OF    KANSAS.  7 

shall  be  the  duty  of  the  attorney  general  forthwith  to  examine 
such  statement,  and  suggest  the  proper  decision  to  be  made 
upon  such  facts.  (Laws  1879,  ch.  166,  sec.  83.) 

SEC.  7.  School  Laws  and  Blanks.  [6629.]  Such  superintend- 
ent, not  oftener  than  once  in  two  years,  may  publish  the  school 
laws  in  force,  with  such  forms,  regulations,  instructions  and 
decisions  as  he  may  judge  expedient  thereto  annexed,  and  shall 
cause  the  same  to  be  forwarded  to  the  persons  entitled  to  receive 
them.  He  shall  prescribe  and  cause  to  be  prepared  all  forms 
and  blanks  necessary  in  the  details  of  the  common-school  sys- 
tem, so  as  to  secure  its  uniform  operation  throughout  the  state  ; 
and  shall  cause  the  same  to  be  forwarded  to  the  several  county 
superintendents,  to  be  by  them  distributed  to  the  several  per- 
sons or  officers  entitled  to  receive  the  same.  (Laws  1879,  ch. 
166,  sec.  84.) 

SEC.  8.  Visitation  and  Text-books.  [6630.]  It  shall  be  the 
duty  of  such  superintendent  to  visit  each  county  of  the  state  at 
least  once  in  two  years,  and  as  much  oftener  as  consistent  with 
the  discharge  of  his  other  duties,  for  the  purpose  of  advancing 
and  promoting  the  cause  of  education  throughout  the  state.  It 
shall  be  his  duty  to  recommend  the  most-approved  text-books 
for  the  common  schools  of  the  state,  and  to  open  such  corre- 
spondence as  may  enable  him  to  obtain  all  necessary  informa- 
tion relating  to  the  system  of  common  schools  in  other  states. 
(Laws  1879,  ch.  166,  sec.  85.) 

SEC.  9.  Office.  [6631.]  Such  superintendent  shall  have  an 
office  in  the  capitol,  where  he  shall  keep  all  books  and  papers 
pertaining  to  the  duties  of  his  office  ;  and  all  books,  school  and 
other,  and  all  apparatus,  maps  and  charts  now  belonging  to  the 
office  of  the  state  superintendent,  and  such  as  may  hereafter  be 
received  for  such  office  by  purchase,  exchange,  or  otherwise, 
shall  be  kept  and  preserved  in  such  office,  and  delivered  by  the 
superintendent  to  his  successor.  He  shall  file  and  carefully 
preserve  in  his  office  the  official  reports  made  to  him  by  the 
county  superintendents  of  the  several  counties,  trustees  or  di- 
rectors of  academies,  graded  schools,  or  colleges.  (Laws  1879, 
ch.  166,  sec.  86.) 

SEC.  10.  Copies  of  Papers.  [6632.]  Copies  of  all  papers  filed 
in  his  office,  and  the  record  of  his  official  acts,  may  be  certified 


8  SCHOOL    LAWS    OP    KANSAS. 

by  him,  and  when  so  certified  shall  be  evidence  equally  and  in 
like  manner  as  the  originals.    ( Laws  1879,  ch.  166,  sec.  87.) 

SEC.  11.  Biennial  Report.  [6633.]  The  superintendent  shall, 
on  the  1st  day  of  December  preceding  each  regular  session  of 
the  legislature,  make  out  and  deliver  to  the  governor  a  report 
containing  :  (1)  A  statement  of  the  number  of  common  schools 
in  the  state,  the  number  of  scholars  attending  the  same,  their 
sex,  and  the  branches  taught ;  a  statement  of  the  number  of 
private  or  select  schools  in  the  state,  so  far  as  the  same  can  be 
ascertained,  and  the  number  of  scholars  attending  the  same, 
their  sex,  and  the  branches  taught ;  a  statement  of  the  number 
of  normal  schools  in  the  state,  and  the  number  of  students  at- 
tending them  ;  the  number  of  academies  and  colleges  in  the 
state,  and  the  number  of  students,  and  their  sex,  attending 
them  ;  and  such  other  matters  of  interest  as  he  may  deem  ex- 
pedient, drawn  from  the  reports  of  the  county  superintendents 
of  the  several  counties  in  the  state,  and  from  other  reports  re- 
ceived on  the  subject  of  education  from  trustees  or  other  school 
boards  within  the  state.  (2)  A  statement  of  the  condition  of 
the  common-school  fund  of  the  state,  including  moneys,  school 
lands  or  other  property  held  in  trust  by  the  state  for  the  sup- 
port of  common  schools,  and  giving  a  full  statement  of  the 
school-land  account  of  each  county.  (3)  A  statement  of  the 
receipts  and  expenditures  for  the  year.  (4)  A  statement  of 
plans  for  the  management  and  improvement  of  common  schools, 
and  such  other  information  relating  to  the  educational  interests 
of  the  state  as  he  may  deem  important.  (Laws  1879,  ch.  166, 
sec.  88.) 


SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  II. 


COUNTY  SUPERINTENDENT  OF  PUBLIC   INSTRUCTION. 


§12.  Qualification. 

13.  Term  of  office. 

14.  Commissioners  fill  vacancy. 

15.  Official  oath  and  bond. 

16.  General  duties  ;  quarterly  report  to  state 

superintendent. 

17.  Apportionment  of  state  and  county  school 

funds. 

18.  Report     school-district     boundaries     to 

county  clerk. 

19.  Annual  report  to  state  superintendent. 

20.  Compensation,  how  determined. 

21.  Vacancy  in  board  of  directors  of  school 

district,  how  filled. 

22.  Vacancy  in  office  of  county  superintend- 

ent, how  filled. 

23.  Superintendent  shall  require  clerk's  re- 

ports to  be  made  promptly  and  correctly. 

24.  Power  to  administer  oath,  in  what  cases. 

25.  Purchase  of  records  for  school  districts. 

26.  Duty  in  forming  and  changing  school  dis- 

tricts. 

27.  Aggrieved  persons. 


§28.    Notice  of  forming  school  district  and  of 
first  meeting,  how  made. 

29.  Depopulated  school  district;    indebted- 

ness, how  paid. 

30.  County  treasurer  shall  pay  orders. 

31.  Superintendent  may  disorganize. 

32.  When  district  shall  be  considered  depop- 

ulated. 

33.  Shall  furnish  map  to  assessor. 

34.  Other  duties ;  delivery  of  records  of  office. 

35.  Neglect  or  refusal  to  perform  duty ;  pros- 

ecution for  same. 

36.  Partially  depopulated  districts. 

37.  Definition. 

38.  Petition. 

39.  Attached  territory. 

40.  Bonded  indebtedness. 

41.  Floating  indebtedness. 

42.  Orders  paid  by  county  treasurer. 

43.  Disposition  of  funds. 

44.  Disposition  of  property. 

45.  Territory  not  liable. 

46.  Consolidation  of  districts. 

47.  Conveyance  of  pupils. 

SECTION  12.  Qualification.  [Laws  1899,  ch.  245,  sec.  1.]  That 
a  person  to  be  eligible  to  the  office  of  county  superintendent  of 
public  instruction  must  hold  a  first-  or  second-grade  certificate 
or  a  state  certificate,  or  be  a  graduate  of  an  accredited  college 
or  normal  school,  and  must  have  taught  at  least  eighteen 
months  :  Provided,  That  this  act  shall  not  apply  to  any  person 
now  holding  the  office  of  county  superintendent. 

SEC.  13.  Term  of  Office.  [Laws  1899,  ch.  244,  sec.  1.]  The 
term  of  office  of  the  county  superintendent  of  public  instruction 
shall  begin  on  the  second  Monday  of  May  of  each  odd  year,  be- 
ginning with  the  year  A.  D.  1901. 

SEC.  14.  Commissioners  Fill  Vacancy.  [Laws  1899,  ch.  244, 
sec.  2.]  The  board  of  county  commissioners  of  each  county  is 
hereby  directed  to  fill  the  vacancy  existing  by  reason  of  this 
act,  from  the  second  Monday  of  January,  1901,  to  the  second 
Monday  of  May,  1901 ;  said  appointment  to  be  made  in  regular 
session  in  January  of  the  above-named  year. 


10  SCHOOL    LAWS    OF    KANSAS. 

SEC.  15.  Oath  and  Bond.  [5559.]  The  county  superintend- 
ent of  public  instruction  shall,  before  he  enters  upon  the  du- 
ties of  his  office,  take  and  subscribe  an  oath  or  affirmation  to 
support  the  constitution  of  the  United  States  and  of  the  state  of 
Kansas;  to  faithfully  discharge  the  duties  of  such  office," and 
execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  $1000,  con- 
ditioned to  the  faithful  performance  of  his  official  duties  ;  which 
bond,  after  having  been  approved  by  the  board  of  county  com- 
missioners, together  with  his  official  oath,  shall  be  filed  in  the 
office  of  the  county  clerk.  (Laws  1881,  ch.  152,  sec.  1.) 

SEC.  16.  General  Duties.  [5560.J  It  shall  be  the  duty  of  the 
county  superintendent  of  public  instruction  to  visit  each  school 
in  his  county  at  least  once  each  term  of  six  months,1  correcting 
any  deficiency  that  may  exist  in  the  government  of  the  school,2 
the  classification  of  the  pupils,  or  the  methods  of  instruction  in 
the  several  branches  taught ;  to  make  such  suggestions  in  pri- 
vate to  the  teachers  as  he  shall  deem  proper  and  necessary  to 
the  welfare  of  the  school ;  to  note  the  character  and  condition 
of  the  schoolhouse,  furniture,  apparatus,  and  grounds,  and  make 
a  report  in  writing  to  the  district  board,  making  such  sugges- 
tions as  in  his  opinion  shall  improve  the  same  ;  to  examine  the 
accounts  and  record  books  of  the  district  officers,  and  see  that 
they  are  kept  as  required  by  law ;  to  encourage  the  formation 
of  associations  of  teachers  and  educators  for  mutual  improve- 
ment, and,  as  far  as  possible,  to  attend  the  meetings  of  such 
associations,  and  participate  in  the  exercises  of  the  same  ;  to 
attend  the  normal  held  in  his  county,  using  his  influence  to  se- 
cure the  attendance  of  teachers ;  to  make  daily  a  personal  in- 
spection of  the  work  of  the  institute  in  session,  and  keep  a 
record  of  the  same  in  his  office,  and  do  such  work  in  connection 
with  the  exercises  of  the  institute  as  he  may  deem  necessary  ; 3 
to  hold  a  public  meeting  in  each  school  district  of  his  county 

1  "At  least  once  each  term  of  six  months,"  is  held  to  mean  at  least  once  each 
half-year. 

2  The  power  to  correct  deficiencies  in  government,  classification  and  methods 
of  instruction  implies  a  direct  responsibility  of  the  teacher  to  the  superintendent. 
The  language  of  the  law  is  clearly  intended  to  establish  this  relation  somewhat 
as  it  exists  in  city  schools.     Failure  to  pay  reasonable  attention  to  the  suggestions 
of  the  county  superintendent  in  these  matters  is  held  to  be  sufficient  ground  for 
withholding  the  teacher's  certificate. 

3  The  county  superintendent  cannot  receive  compensation  for  work  in  connec- 
tion with  the  normal  institute. 


SCHOOL    LAWS    OF   KANSAS.  11 

at  least  once  every  year,  for  the  purpose  of  discussing  school 
questions  and  elevating  the  standard  of  education ;  to  keep  his 
office  open  at  the  county-seat,  Saturday  of  each  week,  and  in 
counties  in  which  the  superintendent  receives  a  salary  more 
than  $600  per  annum,  he  shall  keep  his  office  open  when  not 
necessarily  absent  attending  to  his  official  duties.*  He  shall 
keep  a  complete  record  of  his  official  acts  ;  a  record  of  the  name, 
age  and  post-office  address  of  each  candidate  for  a  teacher's  cer- 
tificate, with  the  number  of  weeks  said  candidate  has  attended 
a  normal  school  or  institute,  the  number  of  weeks  he  has  taught, 
his  standing  in  each  study,  and  the  date  of  issue  and  expiration 
of  each  certificate  granted.  He  shall  keep  a  register  of  the 
teachers  employed  in  his  county,  giving  name  of  teacher,  num- 
ber of  the  district  in  which  he  is  employed,  dates  of  opening 
and  closing  term,  salary  per  month,  grade  of  certificate,  and 
date  of  superintendent's  visit.  He  shall  keep  a  record  of  the 
semiannual  apportionments  of  the  state  and  county  school 
funds,  and  such  other  statistical  records  as  shall  be  required  in 
making  reports  to  the  state  superintendent  of  public  instruction. 
He  shall  make  out  and  transmit  to  the  state  superintendent,  on 
the  last  Monday  of  March,  June,  September  and  December  of 
each  year,  a  report,  showing  the  number  of  school  visits  made, 
with  the  average  length  of  time  spent  in  such  visits  ;  the  num- 
ber of  consultations  held  with  school  officers  ;  the  number  of 
days  his  office  has  been  kept  open  ;  the  number  of  district  treas- 
urers' and  clerks'  record  books  examined  ;  the  number  of  teach- 
ers' meetings  attended  ;  the  number  of  public  lectures  delivered  ; 
and  such  other  information  as  the  state  superintendent  may  re- 
quire regarding  the  duties  of  such  county  superintendent ;  and 
until  such  report  shall  have  been  forwarded  to  the  state  super- 
intendent, and  a  copy  thereof  filed  with  the  county  clerk  for 
publication,  and  that  fact  certified  by  the  said  county  superin- 
tendent to  the  board  of  county  commissioners,  the  warrant  for 
his  salary  shall  not  be  drawn.  The  county  superintendent 
shall  obtain  from  the  county  clerk,  at  least  10  days  before  the 
time  for  holding  the  annual  school  meeting  each  year,  a  certified 
statement  of  the  total  assessed  valuation  of  the  property  in  each 
school  district  in  his  county,  and  immediately  certify  the  same 

4  The  provisions  of  this  section  require  the  entire  time  of  every  county  super- 
intendent receiving  a  ralary  of  over  $600. 


12  SCHOOL    LAWS    OF    KANSAS. 

to  the  several  school-district  clerks  of  his  county,  for  the  infor- 
mation of  the  annual  school  meeting ;  and  it  is  hereby  made 
the  duty  of  said  county  clerk  to  make  out  said  certified  state- 
ment, and  deliver  the  same  to  the  county  superintendent.  (Laws 
1881,  ch.  152,  sec.  2.) 

SEC.  17.  Apportionment  of  School  Funds.  [5561.]  Within 
five  days  after  receiving  the  certificate  of  the  state  superintend- 
ent of  public  instruction,  informing  him  of  the  amount  of  state 
school  fund  which  has  been  apportioned  to  his  county,  the 
county  superintendent  shall  apportion  the  same,  together  with 
the  unapportioned  county  school  fund  in  the  county  treasury, 
among  the  school  districts  and  parts  of  districts  in  such  county, 
in  the  ratio  of  the  number  of  persons  of  school  age  residing  in 
each  district  or  part  of  district,  as  shown  by  the  last  annual  re- 
ports of  the  several  clerks  of  such  districts  and  parts  of  districts  : 
Provided,  That  no  district  in  which  a  common  school  has  not 
been  taught  at  least  three  months  the  last  preceding  school  year 
shall  be  entitled  to  receive  any  portion  of  either  of  said  funds  ;5 
and  he  shall  draw  his  order  on  the  county  treasurer  in  favor  of 
each  of  the  several  school-district  treasurers  for  the  amount  ap- 
portioned to  such  district.  (Laws  1881,  ch.  152,  sec.  3.) 

SEC.  18.  School-district  Boundaries.  [5563.]  The  county  su- 
perintendent is  hereby  required  to  furnish  the  county  clerk  with 
a  description  of  the  boundary  of  each  school  district,  on  or  be- 

5  A  district  must  not  only  have  had  a  common  school  taught  at  least  three 
months  during  the  school  year  ending  June  30,  but  it  must  also  have  made 
through  its  district  clerk  the  requisite  annual  report  for  the  school  year  in  time 
to  be  included  in  the  annual  report  of  the  county  superintendent,  or  the  county 
superintendent  cannot  legally  apportion  to  the  district  a  share  of  the  next  ensu- 
ing February  and  August  dividends  of  the  state  and  county  school  funds.  In 
apportioning  these  funds,  the  county  superintendent  must  be  governed  not  only 
by  the  proviso  regarding  the  length  of  school  term,  but  also  by  the  number  of 
children  of  school  age  residing  in  the  several  districts  of  the  county,  "as  the 
same  shall  appear  from  the  lost  annual  reports  of  the  clerks  of  the  respect- 
ive districts."  For  purposes  of  apportionment,  it  is  only  from  the  annual  re- 
port of  a  clerk  of  a  district  that  the  county  superintendent  can  legally  know  the 
number  of  children  of  school  age  residing  in  the  district. 

In  the  case  of  the  organization  of  a  school  district  out  of  a  part  of  the  terri- 
tory of  another  which  is  entitled  to  a  portion  of  the  state  and  county  school 
funds,  the  newly  formed  district  should  be  apportioned  its  just  share  of  the 
funds  to  which  the  original  district  would  have  been  entitled.  If  the  division  of 
the  district  was  made  before  the  time  of  making  the  annual  report,  the  report  of 
the  new  district  should  show  the  number  of  children  resident  of  the  territory  de- 
tached from  the  old  district,  so  that  this  apportionment  may  be  made  upon  offi- 
cial returns.  If  the  new  district  was  organized  after  the  time  of  making  the 
annual  report,  the  officers  of  the  former  district  should  be  directed  to  pay  to  the 
treasurer  of  the  new  district  that  portion  of  the  funds  to  which  the  children  re- 
siding upon  the  detached  territory  entitle  said  district. 


SCHOOL    LAWS    OF    KANSAS.  13* 

fore  the  last  Monday  in  May  of  each  year.    (Laws  1887,  ch.  219, 
sec.  1.) 

SEC.  19.  Annual  Report.  [5564.]  He  shall,  on  or  before  the 
15th  of  October  of  each  year,  make  out  and  transmit  in  writing 
to  the  state  superintendent  of  public  instruction  a  report  bear- 
ing date  October  1,  containing  a  statement  of  the  number  of 
school  districts  or  parts  of  districts  in  the  county,  and  the  num- 
ber of  children  and  their  sex,  resident  in  each,  over  the  age  of 
5  and  under  the  age  of  21  years  ;6  a  statement  of  the  number 
of  district  schools  in  the  county,  the  length  of  time  a  school  has 
been  taught  in  each,  the  number  of  scholars  attending  the  same, 
their  sex,  the  branches  taught  and  the  text-books  used,  the 
number  of  teachers  employed  in  the  same,  and  their  sex ;  a 
statement  of  the  number  of  private  or  select  schools  in  the 
county,  so  far  as  the  same  can  be  ascertained,  and  the  number 
of  teachers  employed  in  the  same,  their  sex,  and  the  branches 
taught ;  a  statement  of  the  number  of  graded  schools  in  the 
county,  the  length  of  time  school  has  been  taught  in  each,  and 
the  number  of  scholars  attending  the  same,  their  sex,  and  the 
branches  taught,  the  number  of  teachers  employed  in  the  same, 
and  their  sex  ;  a  statement  of  the  condition  of  the  normal  school, 
where  such  school  has  been  established,  the  number  of  students 
attending  the  same,  their  sex,  and  the  number  of  teachers  em- 
ployed in  the  same,  and  their  sex;  a  statement  of  the  county 
normal  institute  ;  a  statement  of  the  number  of  academies  and 
colleges  in  the  county,  and  the  number  of  students  attending 
the  same,  and  their  sex,  the  number  of  teachers  employed  in 
each,  and  their  sex  ;  a  statement  of  the  amount  of  public  money 
received  in  each  district  or  parts  of  districts,  and  what  portion 
of  the  same,  if  any,  has  been  appropriated  to  the  support  of 
graded  schools ;  a  statement  of  the  amount  of  money  raised  in 
each  district  by  tax  and  paid  for  teachers'  wages,  in  addition  to 
the  public  money  paid  therefor  ;  the  amount  of  money  raised 
by  tax  or  otherwise  for  the  purpose  of  purchasing  school  site, 
for  building,  hiring,  purchasing,  repairing,  furnishing  or  insur- 
ing such  schoolhouse,  or  for  any  other  purpose  allowed  by  law, 
in  the  district  or  parts  of  districts.  (Laws  1881,  ch.  152,  sec.  5.) 

6  The  annual  reports  of  county  superintendents  constitute  the  basis  upon 
which  the  state  superintendent  disburses  the  semiannual  dividends  to  the  several 
counties.  If  any  county  superintendent,  therefore,  fails  to  make  his  annual  re- 
port, as  required  by  law,  the  county  loses  its  share  of  the  state  school  fund,  and 
the  county  superintendent  becomes  responsible  to  the  county  for  the  amount. 


14  SCHOOL    LAWS    OF    KANSAS. 

SEC.  20.  Compensation.  [Laws  1899,  ch.  141,  sec.  6.]  The 
county  superintendent  of  public  instruction  of  the  several  coun- 
ties of  the  state  shall  be  allowed  by  the  board  of  county  com- 
missioners of  their  respective  counties,  as  full  compensation 
for  their  services  for  the  county,  the  following  salaries,  to  be 
paid  out  of  the  county  treasury  in  quarterly  instalments  :  In 
counties  having  a  school  population7  of  less  than  1000,  the  county 
superintendent  shall  receive,  for  each  day  actually  and  necessa- 
rily employed  in  the  discharge  of  the  duties  of  his  office,  the  sum 
of  $3  per  day,  for  a  number  of  days  not  to  exceed  150  in  any 
one  year ;  in  counties  having  a  school  population  of  1000  and 
not  more  than  1200,  shall  receive  $600  per  annum  ;  in  counties 
having  a  school  population  of  from  1200  to  1500,  he  shall  re- 
ceive $700  per  annum ;  and  in  counties  containing  more  than 
1500  persons  of  school  age,  he  shall  receive  $700,  and  $20  per 
annum  for  each  additional  100  such  persons  :  Provided,  That  no 
county  superintendent  shall  receive  to  exceed  $1000  per  annum, 
and  that  in  determining  the  salaries  of  the  county  superin- 
tendents the  school  population  of  cities  of  the  first  and  second 
class  shall  not  be  included  in  the  territory  attached  for  school 
purposes  :  Provided  further,  That  in  counties  having  more  than 
100  school-teachers  employed,  exclusive  of  those  employed  in 
cities  of  the  first  and  second  class,  the  county  commissioners  of 
said  county  shall  add  to  the  salary  of  $1000  per  annum  an 
amount  not  to  exceed  $200  per  annum  :  Be  it  further  provided, 
That  if  the  county  superintendent  fail  to  spend  at  least  one  hour 
in  each  school  in  the  county  during  the  year,  that  the  county 
commissioners  shall  deduct  from  the  last  quarterly  instalment 
of  his  salary  the  sum  of  $5  for  each  such  delinquency. 

SEC.  21.  Vacancy  in  Board.  [5566.]  Should  a  vacancy  occur 
in  the  board  of  directors  of  any  school  district,  it  shall  be  the 
duty  of  the  county  superintendent  to  appoint  some  suitable  per- 
son, a  resident  of  the  district,  to  fill  the  same,  and  the  person 
so  appointed  shall  continue  in  office  until  the  next  annual  meet- 
ing thereafter,  and  until  his  successor  is  elected  and  qualified. 
(Laws  1881,  ch.  152,  sec.  7.) 

7  "  School  population "  is  held  to  mean  the  enumeration  taken  annually  by 
school-district  clerks  for  the  annual  report.  Such  enumeration  for  each  year 
should  constitute  the  basis  for  the  superintendent's  salary  for  the  next  year,  be- 
ginning January  1. 


SCHOOL    LAWS    OF    KANSAS.  15 

SEC.  22.  Vacancy  in  Office  of  County  Superintendent.  [5567.] 
When  a  vacancy  occurs  in  the  office  of  county  superintendent  of 
public  instruction,  by  death,  resignation,  or  otherwise,  notice 
thereof  shall  be  given  by  the  county  clerk  to  the  board  of  county 
commissioners,  who  shall,  as  soon  as  practicable,  appoint  some 
suitable  person  to  fill  the  vacancy ;  and  the  person  receiving 
such  appointment  shall,  before  entering  upon  the  discharge  of 
his  duties  of  the  office,  file  his  oath  or  affirmation  and  bond  in 
the  county  clerk's  office,  as  hereinbefore  provided,  and  shall  hold 
his  office  until  his  successor  is  elected  and  qualified.  (  Laws 
1881,  ch.  152,  sec.  8.) 

SEC.  23.  Clerks'  Reports.  [5568.]  He  shall  see  that  the  an- 
nual reports  of  the  clerks  of  the  several  school  districts  and 
parts  of  districts  in  his  county  are  made  correctly  and  in  due 
time.  (Laws  1881,  ch.  152,  sec.  9.) 

SEC.  24.  Oaths.  [5569.]  County  superintendents  shall  have 
power  to  administer  oaths  in  all  cases  in  which  an  oath  is  made 
necessary  by  any  provision  of  the  school  law,  except  in  the 
qualifying  of  county  superintendents  and  their  sureties.  (Laws 
1881,  ch.  152,  sec.  10.) 

SEC.  25.  Purchase  of  Records .  [5570.]  The  county  superin- 
tendent of  public  instruction  of  the  respective  counties  in  this 
state  may  purchase,  for  each  organized  school  district  in  his 
county  not  having  sufficient  records,  one  set  of  school-district 
records,  consisting  of  district  clerk's  records  and  order-books, 
district  treasurer's  book,  and  a  teacher's  daily  register.  Each 
of  said  books  shall  contain  such  printed  forms  and  instructions 
as  will  enable  the  teacher  and  the  school-district  officers  to  per- 
form with  correctness  and  accuracy  their  several  duties  as  re- 
quired by  law  :  Provided,  The  entire  set  of  said  records  as  above 
enumerated  shall  not  exceed  in  cost  $4  for  each  set ;  and  the 
said  superintendent  shall  draw  his  order  or  warrant  on  the 
county  treasurer  in  favor  of  the  person  he  purchases  said  books 
of,  for  the  amount  of  the  purchase-money,  and  it  is  hereby 
made  the  duty  of  said  county  treasurer  to  pay  said  warrant  or 
order  out  of  any  money  in  his  hands  belonging  to  the  respective 
districts  in  his  county  :  Provided,  That  no  funds  in  the  hands  of 
the  county  treasurer  belonging  to  the  several  school  districts  in 
his  county  shall  be  diverted  from  the  object  for  which  said  fund 
was  raised,  and  the  said  superintendent  shall  deliver  the  said 


16  SCHOOL    LAWS    OF    KANSAS. 

books  to  the  district  board  of  each  district.     (Laws  1881,  ch. 
152,  sec.  11.) 

SEC.  26.  Forming  and  Changing  Districts.  [5571.]  It  shall  be 
the  duty  of  the  county  superintendent  of  public  instruction  to 
divide  the  county  into  a  convenient  number  of  school  districts, 
and  to  change  such  districts  when  the  interests  of  the  inhabit- 
ants thereof  require  it,8  but  only  after  20  days'  notice  thereof, 
by  written  notices  posted  in  at  least  five  public  places  in  the 
district  to  be  changed ;  but  no  new  school  district  shall  be 
formed  containing  less  than  15  persons  of  school  age,  no  district 
shall  be  so  changed  as  to  reduce  its  school  population  to  less 
than  15, 9  and  none  having  a  bonded  indebtedness  shall  be  so 
reduced  in  territory  that  such  indebtedness  shall  exceed  5  per 
cent,  of  their  assessed  property  valuation  :  Provided,  That  any 
person  interested  may  appeal  to  the  board  of  county  commis- 
sioners from  the  action  of  the  county  superintendent.  Such 
superintendent  shall  number  school  districts  when  they  are 
formed,*  and  he  shall  keep  in  a  book  for  that  purpose  a  descrip- 
tion of  the  boundaries  of  each  school  district  and  part  of  district 
in  his  county,  with  plat  of  the  same,  date  of  organization,  date 
and  full  record  of  all  changes  of  boundaries,  and  a  list  of  dis- 
trict officers  in  his  county,  the  date  of  election  or  appointment, 
and  the  time  the  term  of  each  is  to  expire.  (Laws  1881,  ch. 
152,  sec.  12.) 

SEC.  27.  Aggrieved  Persons.  [5581.]  If  in  the  formation  or 
alteration  of,  or  refusal  to  form  or  alter  school  districts,  any 
person  or  persons  shall  feel  aggrieved,  such  person  or  persons 
may  appeal  to  the  board  of  county  commissioners,  who  shall 
confer  with  the  county  superintendent,  and  their  action  shall  be 
final :  Provided,  That  notice  of  such  appeal  shall  be  served  on 
the  county  superintendent  within  10  days  of  the  time  of  posting 
of  the  notices  of  the  formation  or  alteration  of  such  district ; 
such  notice  shall  be  in  writing,  and  shall  state  fully  the  objec- 

8  It  is  very  desirable  that  the  people  concerned  should  be  consulted,  and  the 
arguments  on  both  sides  carefully  considered,  before  making  important  changes. 
After  a  district  has  issued  bonds  to  build  or  purchase  a  schoolhouse,  alterations 
should  be  discouraged  until  the  bonds  are  paid,  except  in  cases  where  imperative 
necessity  demands  a  change.     The  object  should  be  to  establish  strong  and  per- 
manent districts. 

9  Detachment  of  Territory.   If  a  school  district  contain  less  than  15  persons 
of  school  age,  the  superintendent  has  no  right  to  detach  territory  from  such  dis- 
trict, even  should  the  territory  detached  contain  no  children  of  school  age. 


SCHOOL   LAWS   OF    KANSAS.  17 

tions  to  the  action  of  the  county  superintendent,  a  copy  of  which 
shall  be  filed  with  the  county  clerk,  and  also  with  the  clerks  of 
all  districts  affected  by  such  alteration  :  And  provided  also,  That 
such  appeal  shall  be  heard  and  decided  by  the  majority  of  the 
board  of  county  commissioners  at  their  next  regular  meeting ; 
and  if  such  appeal  is  not  sustained  by  them,  the  county  super- 
intendent shall  proceed  to  appoint  the  time  and  place  for  said 
first  district  meeting,  which  shall  then  proceed  as  by  law  re- 
quired. (Laws  187G,  ch.  122,  art.  3,  sec.  5.) 

SEC.  28.  Notice  of  First  Meeting.  [5572.]  Whenever  a  school 
district  shall  be  formed  in  any  county,  the  county  superintend- 
ent of  public  instruction  of  such  county  shall,  within  15  days 
thereafter,  prepare  a  notice  of  the  formation  of  such  district,  de- 
scribing its  boundaries,  and  stating  the  number  thereof.  He 
shall  cause  the  notices  thus  prepared  to  be  posted  in  at  least  five 
public  places  in  the  district,  and,  in  case  there  shall  be  no  ap- 
peal, shall  in  10  days  thereafter  in  like  manner  appoint  a  time 
and  place  for  a  special  district  meeting,  for  the  election  of  offi- 
cers and  the  transaction  of  such  business  as  is  prescribed  by  law 
for  special  school-district  meeting.  (Laws  1881,  ch.  152,  sec.  13.) 

SEC.  29.  Become  Depopulated.  [Laws  1893,  ch.  135,  sec.  l.J 
That  when  a  school  district  having  a  floating  indebtedness,  con- 
sisting of  outstanding  school  orders,  is  now  or  shall  hereafter 
become  depopulated,  it  shall  be  the  duty  of  the  county  commis- 
sioners, on  information  furnished  by  the  county  superintendent, 
to  provide  for  the  payment  of  such  outstanding  indebtedness 
by  making  a  levy  of  taxes  therefor  upon  the  property  of  such 
depopulated  district,  which  shall  be  extended  by  the  county 
clerk  on  the  tax-roll  the  same  as  other  taxes  :  Provided,  That  no 
levy  shall  exceed  20  mills  on  the  dollar  in  any  one  year. 

SEC.  30.  County  Treasurer  Shall  Pay.  [Laws  1893,  ch.  135, 
sec.  2.]  That  the  county  treasurer  shall  pay  all  school  orders 
mentioned  in  the  preceding  section  out  of  any  funds  standing 
to  the  credit  of  the  school  district  on  which  said  school  orders 
are  drawn  :  Provided,  That  the  county  superintendent's  order 
for  the  payment  of  the  same  shall  be  attached  to  such  school 
order. 

SEC.  31.  County  Superintendent  May  Disorganize.  [Laws  1893, 
cli*  135,  sec.  3.]  That  the  county  superintendent  may,  in  his 


18  SCHOOL    LAWS    OF    KANSAS. 

discretion,  after  all  indebtedness  has  been  fully  paid  and  can- 
celed, declare  such  depopulated  school  district  disorganized,  and 
attach  the  territory  belonging  thereto  to  adjoining  school  dis- 
tricts.10 

SEC.  32.  When  Depopulated.  [Laws  1893,  ch.  135,  sec.  4.] 
The  term  "  depopulated  school  districts, "  as  used  in  this  act, 
shall  be  held  to  mean  a  school  district  having  less  than  three 
legal  voters  therein  ;  such  fact  to  be  ascertained  by  the  county 
superintendent.  It  shall  be  the  duty  of  the  county  superin- 
tendent, upon  the  filing  of  a  written  request  b}~  the  holder  of 
an  outstanding  school  order,  to  make  an  investigation  of  the 
school  district  issuing  such  order,  and  report  to  the  board  of 
county  commissioners  the  facts  as  to  the  population  as  afore- 
said ;  and  such  report  shall  be  conclusive  on  that  question. 

SEC.  33.  Shall  Furnish  Map.  [6913.]  The  county  superin- 
tendent of  public  instruction  of  the  several  counties  of  the  state 
shall,  on  or  before  March  1  of  each  year,  furnish  to  each  assessor 
within  his  county  a  map  of  the  city  or  township  of  such  ass-essor, 
showing  the  number  and  metes  and  bounds  of  every  school  dis- 
trict or  part  of  school  district  within  his  township  or  city. 
(Laws  1885,  ch.  198,  sec.  3.) 

SEC.  34.  Other  Duties.  [5573.]  He  shall  discharge  such 
other  duties  as  may  be  prescribed  by  law,  and  in  cases  of  sick- 
ness or  temporary  absence  he  may  employ  a  deputy.  He  shall 
deliver  to  his  successor,  within  ten  days  after  the  expiration  of 
his  term  of  office,  all  books  and  papers  appertaining  to  his  office. 
(Laws  1881,  ch.  152,  sec.  14.) 

SEC.  35.  Neglect  or  Refusal  to  Perform  Duty.  [5574.]  Every 
county  superintendent  who  shall  neglect  or  refuse  to  perform 
any  act  which  it  is  his  duty  to  perform,  or  shall  corruptly  or 
oppressively  perform  any  such  duty,  he  shall  forfeit  his  office, 
and  shall  be  liable  on  his  official  bond  for  all  damages  occasioned 
thereby,  to  be  recovered  in  the  name  of  the  state  for  the  benefit 
of  the  proper  party,  district,  or  county.  (Laws  1881,  ch.  152, 
sec.  15.) 

SEC.  36.  Partially  Depopulated  Districts.  [Laws  1899,  ch.  177, 
sec.  1.]  That  the  superintendent  of  public  instruction  in  any 

10  Disorganization  of  a  School  District,  No  school  district  can  be  disor- 
ganized, whether  depopulated  or  otherwise,  unless  all  bonded  indebtedness  is 
paid  off, 


SCHOOL    LAWS    OF    KANSAS.  19 


county  is  hereby  empowered  to  disorganize'  partially  depopu- 
lated school  districts  in  his  county. 

SEC.  37.  Definition.  [Laws  1899,  ch.  177,  sec.  2.]  For  the 
purposes  of  this  act,  a  school  district  shall  be  deemed  partially 
depopulated  when  the  number  of  persons  resident  thereof  over 
the  age  of  five  years  and  under  the  age  of  21  years  shall  be  less 
than  seven. 

SEC.  38.  Petition.  [Laws  1899,  ch.  177,  sec.  3.]  That  such 
action  shall  not  be  taken  by  the  county  superintendent  of  any 
such  county  unless  there  shall  be  presented  to  him  a  petition 
signed  by  two-thirds  of  the"6ona  fide  residents  of  such  school 
district  having  the  qualifications  of  school-district  electors,  and 
who  have  resided  continuously  for  one  year  in  said  school  dis- 
trict, requesting  such  disorganization  :  Provided,  That  such  dis- 
organization shall  not  be  final  until  approved  by  the  board  of 
county  commissioners  of  the  county  in  which  the  disorganized 
school  district  is  situated  :  And  provided  further,  That  in  any 
such  school  district  where  the  whole  number  of  district  electors 
shall  be  less  than  six,  and  the  number  of  residents  of  such  dis- 
trict over  the  age  of  five  years  and  under  the  age  of  21  years 
shall  be  less  than  five,  the  county  superintendent  shall  act 
without  petition,  when  so  directed  by  the  board  of  county  com- 
missioners of  such  county. 

SEC.  39.  Attached  Territory.  [Laws  1899,  ch.  177,  sec.  4.] 
The  county  superintendent  may  attach  the  territory  of  any 
school  district  disorganized  under  the  provisions  of  this  act  to 
any  adjacent  school  district  or  school  districts,  but  such  attach- 
ment shall  not  become  effective  until  approved  by  the  board  of 
county  commissioners. 

SEC.  40.  Bonded  Indebtedness.  [Laws  1899,  ch.  177,  sec.  5.] 
That  if  any  district  so  disorganized  has  a  legally  existing  bonded 
indebtedness  at  the  time  of  its  disorganization,  such  indebted- 
ness shall  attach  to  and  be  a  charge  against  the  territory 
comprised  in  such  disorganized  district  at  the  time  of  its 
disorganization,  and  it  shall  be  the  duty  of  the  county  com- 
missioners of  such  county  to  annually  cause  to  be  levied  upon 
the  property,  real  and  personal,  in  such  disorganized  territory, 
a  tax  sufficient  to  meet  the  interest  and  provide  a  sinking-fund 
for  the  payment  of  such  indebtedness. 


20  SCHOOL    LAWS    OF    KANSAS. 

SEC.  41.  Floating  Indebtedness.  [Laws  1899,  ch.  177,  sec.  6.] 
That  if  any  school  district  so  disorganized  shall  at  the  time  of 
its  disorganization  have  a  floating  indebtedness  consisting  of 
outstanding  school  orders,  it  shall  be  the  duty  of  the  county 
commissioners  of  the  county,  on  information  furnished  by  the 
county  superintendent,  to  provide  for  the  payment  of  such  out- 
standing indebtedness  by  making  a  levy  of  taxes  therefor  upon 
all  the  real  and  personal  property  in  the  territory  of  the  disor- 
ganized school  district,  which  tax  shall  be  entered  by  the  clerk 
of  the  county  on  the  tax-roll  the  same  as  other  taxes  :  Provided, 
That  no  such  levy  shall  exceed  10  mills  on  the  dollar  of  the  as- 
sessed valuation  in  any  one  year. 

SEC.  42.  Orders  Paid  by  County  Treasurer.  [Laws  1899,  ch. 
177,  sec.  7.]  That  the  county  treasurer  shall  pay  all  school 
orders  mentioned  in  the  preceding  section  out  of  any  fund  col- 
lected from  the  school  taxes  created  by  the  special  levy  pro- 
vided for  in  section  6  of  this  act :  Provided,  That  no  such  school 
order  shall  be  paid  unless  accompanied  by  an  order  from  the 
county  superintendent  directing  its  payment. 

SEC.  43.  Disposition  of  Funds.  [Laws  1899,  ch.  177,  sec.  8.] 
If  at  the  time  of  the  disorganization  of  any  school  district  as 
herein  provided  for  such  district  shall  have  in  the  hands  of  its 
treasurer  or  of  the  county  treasurer  of  the  county  moneys  be- 
longing to  it,  or  any  unpaid  taxes  levied  for  the  payment  of 
its  indebtedness,  bonded  or  floating,  such  money  shall  be  first 
applied  to  its  indebtedness,  floating  and  bonded  ;  and  if  any 
money  remain  thereafter,  then  such  money  shall  be  distributed 
among  the  school  districts  to  which  such  territory  shall  be  at- 
tached, in  such  manner  and  amount  as  shall  be  directed  by  the 
county  superintendent,  who  shall  include  in  the  order  for  the 
disorganization  of  such  district  an  order  for  the  distribution  of 
its  moneys  as  herein  provided. 

SEC.  44.  Disposition  of  Property.  [Laws  1899,  ch.  177,  sec.  9.] 
That  if  any  school  district  so  disorganized  shall  be  the  owner  of 
real  or  personal  property,  the  board  of  county  commissioners  of 
the  county  shall  dispose  of  the  same  to  the  best  advantage,  and 
apply  the  proceeds  thereof  to  the  discharge  of  any  indebtedness 
of  such  district,  giving  the  preference  to  the  floating  indebted- 
ness, if  any,  and  if  any  money  remain  thereafter,  then  they 
shall  distribute  such  money  among  the  school  district  or  dis- 


SCHOOL    LAWS    OF    KANSAS.  21 

tricts  to  which  such  territory  may  be  attached  as  may  to  them 
seem  just. 

SEC.  45.  Territory  not  Liable.  [Laws  1899,  ch.  177,  sec.  10.] 
The  territory  of  any  school  district  so  disorganized  shall  not  be 
liable  for  any  debt,  floating  or  bonded,  or  any  contract  of  any 
district  to  which  it  may  be  attached,  existing  at  the  time  of 
such  attachment. 

SEC.  46.  Consolidation  of  Districts.  [Laws  1899,  ch.  177,  sec. 
11.]  The  county  superintendent  of  public  instruction  shall, 
when  two  or  more  adjoining  districts  have  less  than  five  pupils 
each  of  school  age,  combine  the  pupils  of  such  districts  and 
provide  for  a  term  of  school,  which  shall  be  divided  among  the 
districts  consolidated  as  he  shall  deem  most  convenient,  and  to 
which  the  pupils  of  each  shall  be  admitted  ;  he  shall  prorate 
the  expense  between  the  districts  in  proportion  to  the  number 
of  pupils  from  each,  and  shall  certify  the  same  to  the  county 
clerk  on  or  before  the  1st  day  of  August  of  each  year,  and  the 
board  of  county  commissioners  shall  levy  a  tax  against  the 
property  of  said  districts,  sufficient  to  raise  the  amount  shown 
by  the  said  certificate  :  Provided,  That  whenever  the  school  pop- 
ulation of  such  districts  so  combined  shall  become  less  than  six 
no  term  of  school  shall  be  held,  but  provision  shall  be  made  by 
the  county  superintendent  for  sending  pupils  to  other  schools  as 
now  provided  by  law  in  the  case  of  districts  which  vote  to  have 
no  school. 

SEC.  47.  Conveyance  of  Pupils.  [Laws  1899,  ch.  177,  sec.  12.] 
That  in  any  school  district  where  there  are  pupils  residing  three 
or  more  rni]es  from  the  schoolhouse,  the  school  board  of  such 
district  shall  allow  to  the  parent  or  guardian  of  such  pupils  a 
sum  not  to  exceed  15  cents  per  day  for  not  to  exceed  100  days  in 
each  year,  as  compensation  for  conveying  such  pupils  to  and 
from  the  school :  Provided,  That  no  such  compensation  be  al- 
lowed unless  the  pupil  is  actually  conveyed  to  and  from  the 
school. 


22 


SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  III. 


SCHOOL    DISTRICTS. 


§18.   Shall  be  deemed  organized,  when. 

49.  Shall  be  a  body  corporate. 

50.  Joint  districts,  how   formed   and  desig- 

nated. 

51.  Joint-district  fund. 

52.  New  districts  formed  from  one  or  more 

districts ;  apportionment  of  property. 

53.  Annual  meeting,  when  held ;  notice ;  spe- 

cial meetings. 

54.  When  business  of  annual  meeting  may  be 

transacted  at  special  meeting ;  when  and 
how  called. 

55.  Notice  of  district  meetings. 

56.  Who  may  vote  at  district  meetings. 


§57.   How  to  proceed  when  a  voter  is  chal- 
lenged. 

58.  Powers  of  district  meetings. 

59.  District  meetings  may  determine  length 

of  school  term,  etc. ;  when  board  may 
determine  the  same. 

60.  Schoolhouse  site  may  be  changed. 

61.  Value  of  schoolhouse,  how  determined. 

62.  Schoolhouse  site  may  be  condemned,  when 

and  how. 

63.  Territory  annexed  to  city  by  extension  of 

limits. 

64.  Duty  of  county  superintendent. 

65.  Appeal  to  commissioners. 


SECTION  48.  Organization.  [5576.]  Every  school  district 
shall  be  deemed  duly  organized  when  the  officers  constituting 
the  district  board  shall  have  been  elected  and  qualified,  and 
shall  have  signified  their  acceptance  to  the  county  superintend- 
ent in  writing,  which  the  superintendent  shall  file  in  his  office.11 
(Laws  1876,  ch.  122,  art.  3,  sec.  1.) 

SEC.  49.  Body  Corporate.  [5577.]  Every  school  district  or- 
ganized in  pursuance  of  this  act  shall  be  a  body  corporate,  and 
shall  possess  the  usual  powers  of  a  corporation  for  public  pur- 
poses, by  the  name  and  style  of  school  district  No.  —  (such  a 
number  as  may  be  designated  by  the  county  superintendent), 

county  (the  name  of  the  county  in  which  the  district  is 

situated),  state  of  Kansas,  and  in  that  name  may  sue  and  be 
sued,  and  be  capable  of  contracting  and  being  contracted  with, 
and  holding  such  real  and  personal  estate  as  it  may  come  into 
possession  of  by  will  or  otherwise,  or  as  is  authorized  to  be  pur- 
chased by  the  provisions  of  this  act.  (Laws  1876,  ch.  122,  art. 
3,  sec.  2.) 

SEC.  50.  Joint  Districts.  [5578.]  When  it  shall  become  neces- 
sary to  form  a  school  district  lying  partly  in  two  or  more 
counties,  the  county  superintendents  of  the  counties  in  which 
the  said  tract  of  country  shall  be  situated,  when  application 


11  Officers  elected  at  first  district  meeting  hold  only  until  the  next  annual 
election. 


SCHOOL    IAWS    OF    KANSAS.  23 

shall  be  made  in  writing  to  any  one  of  them  by  five  household- 
ers resident  therein,  shall,  if  by  them  deemed  necessary,  meet 
and  proceed  to  lay  off  and  form  the  same  into  a  school  district, 
issue  notices  for  the  first  district  meeting,  and  shall  file  the 
proper  papers  in  their  respective  offices  ;  and  such  district  so 
organized  shall  be  designated  joint  district  No.  — ,  counties  of 

;  and  the  boundaries  of  such  district  shall  not  be  altered 

except  by  the  joint  action  of  the  superintendents  of  the  several 
counties  represented  in  said  district  :12  Provided,  That  if  in  the 
alteration  of,  or  refusal  to  alter  the  boundaries  of  any  joint 
school  district,  any  person  or  persons  shall  feel  aggrieved,  such 
person  or  persons  may  appeal  to  the  state  superintendent  of 
public  instruction,13  and  notice  of  such  appeal  shall  be  served 
on  the  superintendents  of  the  several  counties  represented  in 
said  district  within  10  days  after  the  rendition  by  them  of  the 
decision  appealed  from,  which  notice  shall  be  in' writing,  and 
shall  state  fully  the  objections  to  the  action  of  the  county  super- 
intendent, and  a  copy  thereof  shall  be  filed  with  the  state  super- 
intendent of  public  instruction  ;  and  it  shall  be  the  duy  of  the 
county  superintendent  in  whose  possession  are  the  papers  con- 
nected with  the  action  appealed  from  to  transmit  the  same  to 
the  state  superintendent  of  public  instruction,  immediately  upon 
being  served  with  notice  of  appeal,  as  hereinbefore  presented ; 
and  thereupon  the  state  superintendent  of  public  instruction 
shall  fix  a;  time  for  the  hearing  of  said  appeal,  and  notify  the 
several  county  superintendents  interested,  and  the  appellants, 
thereof  ;  and  his  decision  on  said  appeal  shall  be  final,  and  shall 
be  by  him  certified  to  the  several  county  superintendents  inter- 
ested, and  they  shall  take  action  in  accordance  therewith  :  And 
provided  further,  That  each  joint  district,  except  in  matters  re- 
lating to  the  alteration  of  the  boundaries  thereof,  shall  be  under 
the  jurisdiction  and  control  of  the  superintendent  of  that  one  of 
the  counties  represented  in  such  district  which  has  the  largest 
amount  of  territory  embraced  within  the  boundaries  of  such 
joint  district.  (Laws  1879,  ch.  158,  sec.  1.) 

12  Division  of  Joint  District.  A  joint  district  cannot  be  divided  on  the 
county  line,  thus  forming  two  districts,  one  in  each  county.  Such  action  would 
involve  the  disorganization  of  a  school  district,  something  which  a  county  super- 
intendent is  not  authorized  to  do,  unless  it  becomes  depopulated. 

13.  It  is  held  that  appeals  should  be  taken  to  the  state  superintendent,  in  the 
case  of  the  formation,  as  well  as  alteration,  of  joint  school  districts. 


24  SCHOOL   LAWS    OF   KANSAS. 

SEC.  51.  Joint- District  Fund.  [5579.]  Whenever  it  shall  ap- 
pear that  any  school  district  in  this  state  lies  or  is  in  two  or 
more  counties,  it  shall  be  the  duty  of  the  treasurer  of  the 
county  or  counties  having  the  smaller  amount  of  territory  in 
said  district  to  transfer  to  the  treasurer  of  the  county  having 
the  greater  amount  of  territory  of  said  district,  before  the  10th 
day  of  January,  1st  day  of  July  and  20th  day  of  September  of 
each  year,  all  moneys  in  his  hands  belonging  to  said  district, 
including  all  money  for  the  payment  of  bonds  or  interest  on 
bonds  of  said  district ;  and  the  treasurer  receiving  said  money 
shall  issue  therefor  and  forward  to  the  treasurer  so  sending  the 
money  receipts  in  triplicate,  one  of  which  said  treasurer  shall 
file  with  the  county  clerk  of  the  county,  and  the  board  of  county 
commissioners  thereof  shall  give  said  treasurer  proper  credit 
therefor.  One  of  said  receipts  shall  be  sent  to  the  county  clerk 
of  the  county  to  which  the  money  was  sent,  who  shall  charge 
the  county  treasurer  with  the  amount  thereof.  (Laws  1889, 
ch.  226,  sec.  1.) 

SEC.  52.  Division  of  Property.  [5580.]  When  a  new  district 
is  formed,  in  whole  or  in  part,  from  one  or  more  districts  pos- 
sessing a  schoolhouse  or  entitled  to  other  property,  the  county 
superintendent,  at  the  time  of  forming  such  new  district,  shall 
equitably  determine  the  proportion  of  the  present  value  of  such 
schoolhouse,  or  other  property  justly  due  to  said  new  district.14 

14  For  the  division  of  school  property  under  the  provisions  of  this  section,  the 
following  rules  are  recommended,  viz.: 

FIRST  RULE. 

To  be  applied  in  dividing  school  properly  which  hns  been  procured  with 
the  proceeds  of  district  taxes :  (1)  Find  the  assessed  valuation  of  the  taxable 
property  of  the  undivided  district,  as  returned  on  the  last  assessment  roll  of  the 
county.  (2)  Find,  in  like  manner,  the  assessed  valuation  of  the  taxable  property 
of  the  territory  which  is  to  be  cut  off,  and  which  does  not  retain  the  school  prop- 
erty. (3)  Find  the  present  value  of  the  school  property  of  the  undivided  district, 
including  moneys  raised  from  district  taxes  and  remaining  in  the  treasury  at  the 
time  the  division  is  made,  after  discharging  all  indebtedness,  including  outstand- 
ing bonds.  (4)  Multiply  the  present  value  of  the  school  property  by  the  assessed 
valuation  of  the  territory  which  is  to  be  cut  off.  The  product,  divided  by  the 
assessed  valuation  of  the  undivided  district,  gives  the  amount  due  to  the  terri- 
tory which  is  to  be  cut  off. 

SECOND   RULE. 

To  be  applied  in  dividing  such  school  property  as  consists  of  moneys  re- 
ceived by  the  undivided  district  from  the  state  and  county  school  funds: 
(1)  Find  the  number  of  children  of  school  age  residing  in  the  undivided  district, 
as  given  in  the  last  annual  report  of  the  clerk  of  the  district.  (2)  Find,  in  like 
manner,  the  number  of  children  of  school  age  residing  in  the  territory  which  is 
to  be  cut  off,  and  which  does  not  retain  the  school  property.  (3)  Find  the  amount 
of  state  and  county  school  moneys  remaining  in  the  treasury  of  the  undivided 


SCHOOL    LAWS    OF    KANSAS.  25 

Such  proportion,  when  ascertained,  shall  be. levied  by  the  dis- 
trict board  of  the  district  retaining  the  schoolhouse  or  other 
property,  upon  the  taxable  property  of  the  district,  and  shall 
be  collected  in  the  same  manner  as  if  the  same  had  been  au- 
thorized by  a  vote  of  the  district  for  building  a  schoolhouse,  and 
when  collected  shall  be  paid  to  the  treasurer  of  the  new  district, 
to  be  applied  towards  procuring  a  schoolhouse  for  such  district. 
(Laws  1876,  ch.  122,  art.  2,  sec.  4.) 

SEC.  53.  Annual  and  Special  Meetings.  [5582.]  An  annual 
meeting  of  each  school  district  shall  be  held  on  the  last  Thurs- 
day of  July  of  each  year,  at  the  schoolhouse  belonging  to  the 
school  district,  at  2  o'clock  p.  M.  Notice  of  the  time  and  place 
of  said  annual  meeting  shall  be  given  by  the  clerk  by  posting 
written  or  printed  notices  in  three  public  places  of  the  district, 
at  least  10  days  before  said  meeting.15  Special  meetings  may  be 
called  by  the  district  board,  or  upon  a  petition  signed  by  10 
resident  taxpayers  of  the  district,  but  notice  of  such  special 
meeting,  stating  the  purpose  for  which  it  is  called,  shall  be 
posted  in  at  least  three  public  places  in  the  district  10  days 
previous  to  the  time  of  such  meeting.16  (Laws  1889,  ch.  220, 
sec.  1.) 

SEC.  54.  Special  Meetings.  [5583.]  Whenever  the  time  for 
holding  an  annual  meeting  in  any  district  shall  pass  without 
said  meeting  being  held,  the  clerk,  or,  in  his  absence,  any  other 
member  of  the  district  board,  within  20  days  after  the  time  for 
holding  said  annual  meeting  shall  have  passed,  may  give  notice 
of  a  special  meeting,  by  putting  up  written  notices  thereof  in 
three  public  places  within  the  district,  at  least  five  days  previ- 
ous to  the  time  of  meeting ;  but  if  such  meeting  shall  not  be 
notified  within  20  days  as  aforesaid,  the  county  superintendent 

district  at  the  time  the  division  is  made,  after  discharging  all  indebtedness  for 
teachers'  wages.  (4)  Multiply  the  residue  of  state  and  county  school  moneys  by 
the  number  of  children  residing  in  the  territory  which  is  to  be  cut  off.  That 
product,  divided  by  the  number  of  children  of  school  age  residing  in  the  undi- 
vided district,  gives  the  amount  of  state  and  county  school  moneys  due  to  the 
territory  which  is  to  be  cut  off. 

The  county  superintendent  of  public  instruction  should  make  the  division  of 
school  property  at  the  time  of  forming  a  new  school  district,  but  his  failure  to  do 
so  at  the  time  does  not  impair  the  rights  of  said  district. 

15  A  failure  on  the  part  of  the  district  clerk  to  post  the  notices  of  the  time 
and  place  of  the   annual  meeting  will  not  invalidate  the   proceedings  of  said 
meeting. 

16  Notices  of  special  meetings  must  be  posted  as  required  by  law.     A  failure 
to  so  post  them  will  invalidate  the  action  of  the  meeting. 


26  SCHOOL    LAWS    OF    KANSAS. 

may  give  notice  of  such  meeting  in  the  manner  provided  for 
forming  new  districts  ;  and  the  officers  chosen  at  such  special 
meeting  shall  hold  their  offices  until  the  next  annual  meeting, 
and  until  their  successors  are  elected  and  qualified.  (Laws 
1876,  ch.  122,  art.  3,  sec.  7.) 

SEC.  55.  Notice  of  Meetings.  [55S4.]  It  shall  be  the  duty  of 
the  clerk  to  give  at  least  10  days'  notice  previous  to  any  annual 
or  special  district  meeting,  by  posting  up  notices  thereof  at 
three  or  more  public  places  in  the  district,  one  of  which  notices 
shall  be  affixed  to  the  outer  door  of  the  schoolhouse,  if  there  be 
one  in  the  district,  and  said  clerk  shall  give  the  like  notice  of 
every  adjourned  meeting,  when  such  meeting  shall  have  been 
adjourned  for  a  longer  period  than  one  month.  Every  notice 
for  a  special  district  meeting  shall  specify  the  objects  for  which 
such  meeting  is  called,  and  no  business  shall  be  acted  upon  at 
any  special  meeting  not  specified  in  said  notice.  (Laws  1876, 
ch.  122,  art.  3,  sec.  8.) 

SEC.  56.  Qualified  Voters.  [5585.]  The  following  persons 
shall  be  entitled  to  vote  at  any  district  meeting  :  (1)  All  per- 
sons possessing  the  qualifications  of  electors  as  defined  by  the 
constitution  of  the  state,  and  who  shall  have  been  in  good  faith 
residents  of  the  district  for  30  days  next  prior  to  the  time  of 
offering  to  vote  at  said  election.  (2)  All  female  persons  over 
the  age  of  21  years,  not  subject  to  the  disqualifications  named 
in  section  2,  article  5,  of  the  constitution  of  the  state,  and  who 
shall  be  residents  in  good  faith  of  the  district  for  30  days  next 
prior  to  the  time  of  offering  to  vote  at  said  election.17  (Laws 
1889,  ch.  223,  sec.  1.) 

SEC.  57.  Challenge.  [5586.]  If  any  person  offering  to  vote 
at  a  school-district  meeting  shall  be  challenged  as  unqualified 
by  any  legal  voter,  the  chairman  presiding  shall  declare  to  the 
person  challenged  the  qualifications  of  a  voter,  and  if  such  chal- 
lenge be  not  withdrawn,  the  chairman,  who  is  hereby  author- 
ized, shall  tender  to  the  person  offering  to  vote  the  following 
oath  or  affirmation:  "You  do  solemnly  swear  (or  affirm)  that 
you  are  an  actual  resident  of  this  school  district,  and  that  you 

17  Naturalization.  A  woman  of  foreign  birth  who  is  the  wife  of  a  natural- 
ized foreigner,  but  who  has  not  herself  taken  out  naturalization  papers,  is  en- 
titled to  vote  at  any  school-district  meeting,  provided  she  possesses  the  other 
necessary  qualifications.  The  naturalization  of  the  husband  naturalizes  the  wife 
and  all  children  who  are  under  the  age  of  21  years. 


SCHOOL    LAWS    OP    KANSAS.  27 

are  qualified  by  law  to  vote  at  this  meeting/'  Any  person  tak- 
ing such  oath  or  affirmation  shall  be  entitled  to  vote  on  ail 
questions  voted  upon  at  such  meeting.  (Laws  1876,  ch.  122, 
art.  3,  sec.  10.) 

SEC.  58.  Poiuers  of  District  Meetings.  [5587.]  The  inhabit- 
ants qualified  to  vote  at  a  school  meeting,  lawfully  assembled, 
shall  have  power — (1)  to  appoint  a  chairman  to  preside  over 
said  meeting  in  the  absence  of  the  director  ;  (2)  to  adjourn  from 
time  to  time;18  (3)  to  choose  a  director,  clerk,  and  treasurer, 
who  shall  possess  the  qualifications  of  voters  ;  (4)  to  designate 
by  vote  a  site  for  a  district  schoolhouse  ;  (5)  to  vote  a  tax  an- 
nually, not  exceeding  2  per  cent.,  on  the  taxable  property  in  the 
district,  as  the  meeting  shall  deem  sufficient  for  the  various 
school  purposes,  and  distribute  the  amount  as  the  meeting  shall 
deem  proper  in  the  payment  of  teachers'  wages,  and  to  pur- 
chase or  lease  a  site  :19  Provided,  When  not  included  within  the 
limits  of  a  town  or  village,  said  site  shall  not  contain  less  than 
one  acre  ;  and  to  build,  hire  or  purchase  such  schoolhouse,  and 
to  keep  in  repair  and  furnish  the  same  with  the  necessary  fuel 
and  appendages  ;  (6)  to  authorize  and  direct  the  sale  of  any 
schoolhouse  site,  or  other1  property  belonging  to  the  district, 
when  the  same  shall  be  no  longer  needful  for  the  use  of  the  dis- 
trict ;  (7)  to  give  such  direction  and  make  such  provisions  as 
may  be  deemed  necessary  in  relation  to  the  prosecution  or  de- 
fense of  any  suit  or  proceeding  in  which  the  district  may  be  a 
party.20  (Laws  1885,  ch.  181,  sec.  1.) 

SEC.  59.  School  Term.  [5588.]  The  qualified  voters  at  each 
annual  meeting,  or  any  special  meeting  duly  called,  may  de- 
termine the  length  of  time  a  school  shall  be  taught  in  their  dis- 
trict for  the  then  ensuing  year,  which  shall  not  be  less  than 
three  months,  and  whether  such  school  shall  be  taught  by  a 
male  or  female  teacher,  or  both,21  and  whether  the  school  money 

18  Adjournment.    A  district  meeting  has  the  right  to  adjourn  from  time  to 
time,  and  if  an  adjournment  is  taken  to  a  particular  time,  any  business  can  be 
transacted  at  this  adjourned  session  that  might  have  been  transacted  at  the  regu- 
lar meeting.     No  additional  notice  is  necessary. 

19  A  tax  may  also  be  levied  for  the  purpose  of  purchasing  a  district  lib'rary, 
(See  article  XXII  of  this  book.) 

20  Australian  Ballot.    The  Australian-ballot  law  does  not  apply  to  elections 
in  school-district  meetings. 

21  The  electors,  at  the  annual  or  a  special  meeting,  have  no  power  to  determine 
who  shall  or  who  shall  not  be  employed  as  teacher,  or  the  compensation  such 
teacher  shall  receive.    These  are  questions  to  be  determined  by  the  district  board. 


28  SCHOOL    LAWS    OF    KANSAS. 

to  which  the  district  may  be  entitled  shall  be  applied  to  the  sup- 
port of  the  summer  or  winter  term  of  the  school,  or  a  certain 
portion  to  each  ;  but  if  such  matters  shall  not  be  determined  at 
the  annual  or  any  special  meeting,  it  shall  be  the  duty  of  the 
district  board  to  determine  the  same.  (Laws  1876,  ch.  122,  art. 
3,  sec.  12.) 

SEC.  60.  Change  of  Site.  [5589.]  That  in  school  districts 
having  schoolhouses  the  value  of  which  is  not  less  than  $400, 
the  schoolhouse  site  shall  not  be  changed  except  by  a  vote  of  at 
least  two-thirds  of  the  legal  voters  of  the  district  in  favor  of 
such  change.  (Laws  1874,  ch.  122,  sec.  1.) 

SEC.  61.  Appraisement.  [5590.]  The  value  of  schoolhouses 
in  districts  desiring  to  change  the  school  site  shall  be  deter- 
mined by  three  appraisers,  who  shall  be  freeholders,  chosen  at 
a  district  meeting  by  the  qualified  electors  of  the  district. 
(Laws  1874,  ch.  122,  sec.  2.) 

SEC.  62.  Site  Condemned.  [5591.]  In  case  any  school  district 
or  the  board  of  education  of  any  city  of  the  second  class  cannot 
by  purchase  at  reasonable  rates,  or  by  donation  or  otherwise, 
obtain  title  to  the  site  selected  by  such  school  district ;  or  if  it 
be  deemed  advisable  by  such  school  district  or  by  the  district. 
board  -to  add  other  ground  to  any  schoolhouse  site  already 
selected;  or  if,  in  good  faith,  but  by  mistake  or  otherwise,  a 
schoolhouse  has  been  or  shall  be  erected  wholly  or  partially 
upon  any  land  or  lot  to  which  said  school  district  at  the  time 
of  the  erection  of  such  school  building,  or  any  addition  thereto, 
had  not  acquired  title,  then,  and  in  any  such  cases,  upon  the 
written  application  of  the  district  board  of  such  school  district, 
or  a  majority  of  the  board,  it  shall  be  the  duty  of  the  probate 
judge  of  the  county  in  which  such  school  district  is  situated  to 
appoint  three  disinterested  freeholders  of  such  county,  and  not 
residents  of  such  school  district,  to  condemn  and  appraise  such 
site,  or  addition  thereto  ;  and  in  case  such  land  or  lot  so  con- 
demned and  appraised  shall  be  an  original  selection  for  a  school- 
house  site,  the  amount  so  condemned  and  appraised  shall  not, 
exceed  11  acres  ;  and  if  it  be  for  an  addition  to  an  existing  site, 
the  additional  amount  condemned  and  appraised  shall  not,  with 
the  original  site,  exceed  li  acres.  Immediately  after  their  ap- 
pointment, such  appraisers  shall  proceed,  and  condemn  and  ap- 
praise the  value  of  the  site  so  selected,  or  the  addition  to  such 


SCHOOL    LAWS    OF    KANSAS.  29 

existing  site.  And  they  shall,  within  10  days  thereafter,  make 
and  sign  a  report  describing  the  land  or  lot  so  condemned,  the 
purpose  of  which  it  was  so  condemned,  and  the  appraised  value 
thereof,  which  report  shall  be  by  them  filed  in  the  office  of  the 
register  of  deeds  of  the  county  in  which  such  land  or  lot  is  situ- 
ate, and  by  such  register  duly  recorded,  as  other  instruments  of 
writing  affecting  the  title  to  real  estate  are  recorded.  In  ap- 
praising any  schoolhouse  site,  or  addition  thereto,  to  which 
such  school  district  had  not  title  at  the  time  of  erecting  any 
schoolhouse,  or  addition  thereto,  thereon,  said  appraisers  shall 
exclude  from  their  appraisement  the  value  of  such  schoolhouse, 
or  addition,  and  appraise  such  land  or  lot  at  its  value,  exclusive 
of  such  building,  addition  or  other  improvement  placed  thereon 
in  good  faith,  but  by  mistake  of  said  school  district  or  said 
school-district  board.  Within  30  days  after  the  report  of  said 
appraisers  is  filed  in  the  office  of  the  register  of  deeds,  the 
district  board  of  such  school  district  shall  pay  to  the  county  treas- 
urer of  the  county  in  which  such  condemned  land  or  lot  is  situ- 
ated, for  the  use  of  the  owner  of  such  lands  or  lot,  the  amount  of 
the  appraised  value  thereof,  and  also  50  cents  for  said  register  of 
deeds  for  recording  said  report.  And  upon  such  payment  being 
made  to  such  county  treasurer  by  such  district  board,  the  title 
to  such  site  or  addition  thereto  shall  vest  in  such  school  district. 
Either  party,  the  owner  of  the  land  or  lot  condemned  or  the 
school  district,  may  appeal  from  such  appraisement  to  the  dis- 
trict court,  in  the  same  time  and  manner  that  appeals  are  taken 
from  the  judgments  of  justices  of  the  peace  in  civil  actions. 
(Laws  1885,  ch.  174,  sec.  1.) 

SEC.  63.  Territory  Annexed  to  City.  [Laws  1893,  ch.  128,  sec. 
1.]  When  all  the  territory  of  a  school  district  shall  become 
annexed  to  a  city  of  the  first  or  second  class  by  the  extension 
of  the  boundaries  of  the  city,  all  the  school  property,  including 
moneys  on  hand  and  due  to  said  district,  together  with  all  rec- 
ords and  papers  belonging  to  said  district  board,  shall  be  trans- 
ferred to,  and  the  title  vested  in,  the  board  of  education  of  such 
city,  and  said  board  of  education  shall  assume  and  be  held  re- 
sponsible for  the  legitimate  floating  and  bonded  indebtedness  of 
such  annexed  district.  s 

SEC.  64.  Duty  of  County  Superintendent.  [Laws  1893,  ch.  128 , 
sec.  2,]  When,  by  the  extension  of  the  limits  of  any  city  of  the 


30  SCHOOL    LAWS    OF    KANSAS. 

first  or  second  class,  a  part  of  the  territory  of  an  adjacent  dis- 
trict is  annexed  to  such  city,  it  shall  be  the  duty  of  the  county 
superintendent  to  determine  the  present  value  of  all  the  school 
property  of  such  district,  also  all  moneys  due  to  or  in  the  hands 
of  the  district  treasurer,  and  to  equitably  apportion  the  amount 
due  the  district  board,  or  board  of  "education,  as  the  case  may 
be.  The  amount  due  to  the  district  board  or  board  of  educa- 
tion of  such  city,  when  ascertained  by  the  county  superintend- 
ent, shall  be  levied  upon  the  taxable  property  of  that  district  or 
corporation  found  to  be  in  debt,  and  shall  be  collected  in  the 
same  manner  as  if  the  same  had  been  authorized  by  the  vote  of 
the  district  board  or  by  the  board  of  education  of  such  city,  and 
when  collected  it  shall  be  paid  to  the  treasurer  of  that  district 
or  board  of  education  to  which  it  is  due.  The  board  of  educa- 
tion, or  the  district  board  retaining  the  schoolhouse,  shall 
assume  the  bonded  indebtedness  incurred  in  building  and 
furnishing  such  schoolhouse.  All  unadjusted  claims  of  cities 
and  school  districts  arising  from  such  annexation  previous  to 
the  passage  of  this  act  shall  be  adjusted  in  accordance  with  pro- 
visions of  this  section. 

SEC.  65.  Appeal.  [Laws  1893,  ch.  128,  sec.  3.]  If,  in  the 
adjustment  of  school  property  where  a  part  of  a  school  district 
has  been  annexed  to  a  city  of  the  first  or  second  class,  any  per- 
son or  persons  shall  feel  aggrieved  by  the  decision  rendered  by 
the  county  superintendent,  an  appeal  may  be  taken  to  the  board 
of  county  commissioners  ;  but  a  notice  of  such  appeal  must  be 
served  upon  the  county  superintendent  in  writing  within  10 
days  after  the  rendition  of  his  decision  in  adjusting  the  rights 
of  the  school  district  and  the  city  school  district.  Such  notice 
shall  state  fully  the  objections  to  the  action  of  the  county  su- 
perintendent, a  copy  of  which  shall  be  filed  with  the  county 
clerk,  and  also  with  the  clerk  of  the  district,  or  with  the  secre- 
tary of  the  board  of  education,  as  the  case  may  be,  affected  by 
such  decision.  Such  appeal  shall  be  heard  and  decided  by  a 
majority  of  the  board  of  county  commissioners  at  their  next 
regular  meeting,  and  their  decision  shall  be  final, 


SCHOOL    LAWS    OF 


31 


ARTICLE    IV. 


UNION  OR  GRADED-SCHOOL  DISTRICTS. 


§66.  Graded  schools,  how  established. 

67.  Powers  and  duties  of  directors. 

68.  Union  district  entitled  to  share  of  school 

funds. 

69.  May  levy  taxes. 

70.  Shall  receive  its  share  of  school  moneys. 

71.  Duties  of  clerk  of  union  district. 

72.  Duties  of  treasurer  of  union  district. 


§73.  Public  schools  in  cities  shall  receive  their 
share  of  public-school  funds,  on  what 
condition. 

74.  Any  single  district  may  establish  graded 

schools. 

75.  Annual  meeting  of  graded-school  districts, 

when  held. 


SECTION  66.  How  Formed.  [5668.]  Whenever  the  inhabitants 
of  two  or  more  school  districts  may  wish  to  unite  for  the  pur- 
pose of  establishing  a  graded  school  in  which  instruction  shall 
be  given  in  the  higher  branches  of  education,  the  clerks  of  the 
several  districts  shall,  upon  a  written  application  of  five  voters 
of  the  respective  districts,  call  a  meeting  of  the  voters  of  such 
districts  at  some  convenient  place,  by  posting  up  written  notices 
thereof  in  like  manner  as  provided  for  calling  district  meetings  ; 
and  if  a  majority  of  the  voters  in  each  of  the  two  or  more  dis- 
tricts shall  vote  to  unite  for  the  purpose  herein  stated,  they 
shall,  at  that  meeting  or  at  an  adjourned  meeting,  elect  a  board 
of  directors,  consisting  of  a  director,  clerk,  and  treasurer.  (Laws 
1876,  ch.  122,  art.  7,  sec.  1.) 

SEC.  67.  Duties  of  Board.  [5669.]  The  board  of  directors 
provided  in  the  preceding  section  shall,  in  all  matters  relating 
to  the  graded  schools,  possess  all  the  powers  and  discharge  all 
the  like  duties  of  the  district  board  of  directors,  as  prescribed 
in  this  act.  (Laws  1876,  ch.  122,  art.  7,  sec.  2.) 

SEC.  68.  School  Funds.  [5670.]  The  union  district  thus 
formed  shall  be  entitled  to  an  equitable  share  of  the  school 
funds,  to  be  drawn  from  the  treasurer  of  each  district  so  unit- 
ing, in  proportion  to  the  number  of  children  attending  the  said 
graded  school  for  each  district.  (Laws  1876,  ch.  122,  art.  7, 
sec.  3.) 

SEC.  69.  Levy  Taxes.  [5671. J  The  said  union  district  may 
levy  taxes  for  the  purpose  of  purchasing  a  building  or  furnish* 
ing  proper  buildings  for  the  accommodation  of  the  school,  of 
for  the  purpose  of  defraying  necessary  expenses  and  paying 
teachers,  but  shall  be  governed  in  all  respects  by  the  law  herein 


32  SCHOOL    LAWS    OF    KANSAS. 

provided  for  levying  and  collecting  district  taxes.    (Laws  1876, 
ch.  122,  art.  7,  sec.  4.) 

SEC.  70.  Apportionment.  [5672.]  The  clerk  of  the  union 
district  shall  report  in  writing  to  the  treasurer  of  each  school 
district  uniting  in  the  union  district  the  number  of  scholars  at- 
tending the  graded  school  from  his  district,  their  sex,  and  the 
branches  studied ;  and  the  said  district  treasurer  shall  appor- 
tion the  amount  of  school  money  due  the  union  district,  and 
pay  the  same  over  to  the  treasurer  of  the  union  district  on 
order  of  the  clerk  and  director  thereof.  (Laws  1876,  ch.  122, 
art.  7,  sec.  5.) 

SEC.  71.  Clerk.  [5673.]  The  clerk  of  the  union  district  shall 
make  a  report  to  the  county  superintendent  of  public  instruction, 
and  discharge  all  the  duties  of  clerk  in  like  manner  as  clerk  of 
the  district.  (Laws  1876,  ch.  122,  art.  7,  sec.  6.) 

SEC.  72.  Treasurer.  [5674] .  The  treasurer  of  the  union 
district  shall  perform  all  the  duties  of  treasurer  as  prescribed  in 
this  act,  in  like  manner  as  the  district  treasurer.  (Laws  1876, 
ch.  122,  art.  7,  sec.  7.) 

SEC.  73.  Apportionment  to  Cities.  [5675.]  The  public  schools 
of  any  city,  town,  or  village,  which  may  be  regulated  by  special 
law  set  forth  in  the  charter  of  said  city,  town,  or  village,  shall 
be  entitled  to  receive  their  proportion  of  the  public  school  fund  : 
Provided,  The  clerk  of  the  board  of  education  in  such  city,  town, 
or  village  shall  make  due  report  within  the  time  and  manner 
prescribed  in  this  act,  to  the  county  superintendent  of  public 
instruction.  (Laws  1876,  ch.  122,  art.  7,  sec.  8.) 

SEC.  74.  Single  District.  [5676.]  Any  single  district  shall 
possess  power  to  establish  graded  schools,  subject  to  the  pro- 
visions of  this  article,  in  like  manner  as  two  or  more  districts 
united.22  (Laws  1876,  ch.  122,  art.  7,  sec.  9.) 

SEC.  75.  Annual  Meeting.  [5677.]  The  annual  meeting  of 
union  or  graded-school  districts  shall  be  held  on  the  last 
Wednesday  in  June,  at  such  hour  as  may  be  indicated  by  the 
board.  (Laws  1876,  ch.  122,  art.  7,  sec.  10.) 

22  The  proper  construction  of  this  section  is,  that  a  single  district  shall  follow 
the  method  employed  in  establishing  a  graded  school  when  two  or  more  districts 
are  united,  as  far  as  the  law  may  be  applicable.  The  regular  board  of  directors 
should  go  on  with  the  management  of  the  schools  in  the  district,  and  grade  them 
in  accordance  with  the  action  of  the  school-district  meeting ;  hence  a  new  board 
of  directors  need  not  be  elected, 


SCHOOL    LAWS    OF    KANSAS. 


33 


ARTICLE  V. 


DISTRICT  OFFICERS. 


§76.  Officers ;  term  of  office. 

77.  Official  oath. 

78.  Forfeiture  of  office ;  vacancy,  how  filled, 

79.  Duty  of  directors. 

80.  Duty  of  district  clerk. 

81.  Clerk  shall  be  ex  offlcio  clerk  of  all  dis- 

trict meetings. 

82.  Shall  draw  orders  on  district  treasurer. 

83.  Clerk's  annual  report;   to  whom  made, 

when  and  how. 

84.  County  treasurers. 

84a.  Treasurer  pay  no  money,  when. 

85.  Shall  report  to  each  county  superintend- 

ent ;  joint  district. 

86.  Penalty  for  false  report. 

87.  District  clerk  shall  report  to  county  clerk 

a  list  of  resident  taxpayers. 

88.  Fine  for  failure  to  report  district  tax  to 

county  clerk. 

89.  Shall  report  to  county  superintendent, 

what. 

90.  District  and  city  clerks,  and  clerks  of 

boards  of  education,  shall  report  bonded 
indebtedness  to  county  clerk. 

•91.  Fine  for  not  delivering  records  to  succes- 
sor. 

92.  District  treasurer  shall  execute  bond. 

33.   Shall  pay  school  moneys,  on  whose  order. 

94.  Shall  receive  school  moneys  from  county 
treasurer,  on  whose  order. 

D5.  District  taxes  voted  but  not  levied  in  any 
year  shall  be  collected  with  taxes  of  the 
year  following. 

SECTION  76.  Officers;  Term.  [5592.]  The  officers  of  each  school 
district  shall  be  a  director,  clerk,  and  treasurer,  who  shall  con- 
stitute the  district  board,23  and  who  shall  be  elected  and  hold 
their  respective  offices  as  follows  :  At  the  annual  meeting  in 
1874  there  shall  be  elected  a  director,  who  shall  hold  his  office 
for  three  years  ;  a  clerk,  who  shall  hold  his  office  for  two  years  ; 
and  a  treasurer,  who  shall  hold  his  office  for  one  year ;  and 
thereafter  at  each  annual  meeting  there  shall  be  elected  one 
member  of  said  board  in  place  of  the  outgoing  member,  who 


§96.  District  treasurer  shall  keep  account, 
etc. ;  shall  report  in  writing  at  annual 
meeting. 

97.  Procedure,  if  he  does  not  pay  over  moneys 

to  his  successor. 

98.  Powers    and    duties   of    school  -  district 

board;  shall  execute  all  lawful  orders 
of  district. 

99.  Shall  have  care  of  property  of  district. 

100.  May  open  schoolhouse  for  the  use  of  re- 

ligious, political,  literary,  scientific,  me- 
chanical or  agricultural  societies. 

101.  The  board  may  remove  schoolhouse  or 

other  improvement,  when ;  probate  judge 
may  appoint  appraisers  to  condemn  site, 
etc. 

102.  May  admit  non-resident  pupils,  when. 
102a.   Discontinue  schools;    send  children  to 

other  districts. 
1026.  Send  children  to  other  districts ;  when. 

103.  Shall  hire  qualified  teachers;    may  dis- 

miss teachers  for  cause. 

104.  Records  and  reports. 

105.  Shall  provide  necessaryappendages,when. 

106.  May  supend  a  pupil  for  cause ;  appeal. 

107.  Shall  furnish  teachers  with  daily  register ; 

shall  visit  schools. 

108.  Shall  cause  district  clerk  to  certify  to 

county  clerk  the  percentage  of  district 
taxes,  when. 

109.  Judgments,  how  obtained ;  the  board  li- 

able, when. 


23  The  officers  of  a  school  district  constitute  the  board  of  directors  in  such  a 
sense  as  to  be  able  to  transact  the  school  business  of  the  district  only  when  in 
session  as  a  district  board.  As  the  law  is  silent  as  to  how,  when  and  where  the 
district  board  shall  convene,  each  board  should  adopt  a  set  of  rules  for  its  own 
government. 

-3 


34  SCHOOL   LAWS    OP    KANSAS. 

shall  hold  his  office  for  three  years,  and  until  his  successor  shall 
be  elected  and  qualified.24  (Laws  1876,  ch.  122,  art.  4,  sec.  1.) 

SEC.  77.  Official  Oath.  [5593.]  School-district  officers,  be- 
fore entering  upon  their  official  duties,  shall  take  an  oath  to 
faithfully  perform  said  duties  ;25  and  the  chairman  of  any  regu- 
lar or  special  meeting  is  hereby  authorized  and  empowered  to 
administer  such  oath.26  (Laws  1876,  ch.  122,  art.  4,  sec.  2.) 

SEC.  78.  Office  Forfeited.  [5594.]  Every  person  duly  elected 
to  the  office  of  director,  clerk  or  treasurer  of  any  school  district, 
who  shall  refuse  or  neglect,  without  sufficient  cause,  to  qualify 
within  20  days  after  his  election  or  appointment,  or  who,  hav- 
ing entered  upon  the  duties  of  his  office,  shall  neglect  or  refuse 
to  perform  any  duty  required  of  him  by  the  provisions  of  this 
act,  shall  thereby  forfeit  his  right  to  the  office  to  which  he  was 
elected  or  appointed,  and  the  county  superintendent  shall  there- 
upon appoint  a  suitable  person  in  his  stead.27  (Laws  1876,  ch. 
122,  art.  4,  sec.  3.) 

SEC.  79.  Director.  [5595.]  The  director  of  each  district  shall 
preside  at  all  district  meetings,  and  shall  sign  all  orders  drawn 
by  the  clerk,  authorized  by  a  district  meeting  or  by  the  district 
board,  upon  the  treasurer  of  the  district,  for  moneys  collected 
or  received  by  him  to  be  disbursed  therein.  He  shall  appear, 
for  and  in  behalf  of  the  district,  in  all  suits  brought  by  or  against 
the  district,  unless  other  direction  shall  be  given  by  the  voters 
of  such  district,  at  a  district  meeting.  (Laws  1876,  ch.  122, 
art.  4,  sec.  4.) 

SEC.  80.  Clerk.  [5596.]  The  clerk  of  each  district  shall  re- 
cord the  proceedings  of  his  district  in  a  book  provided  by  the 
district  for  that  purpose,  and  enter  therein  copies  of  all  reports 
made  by  him  to  the  county  superintendent ;  and  he  shall  keep 

24  Compensation  of  District,  Officers.     Neither  the  district  meeting  nor  the 
district  board  has  the  right  to  authorize  or  direct  the  payment  of  any  compensa- 
tion from  the  public  fund  to  members  of  the  board  for  their  services. 

25  Neglect  of  Duty.     Where  a  district  officer  neglects  or  refuses  to  perform 
a  duty,  the  proper  proceeding  to  compel  performance  is  a  writ  of  mandamus. 

26  A  district  officer  can  qualify  before  the  chairman  of  a  district  meeting,  the 
county  superintendent,  or  any  one  authorized  by  law  to  administer  oaths. 

27  A  county  superintendent  cannot  remove  a  district  officer.     Such  removal 
can  be  made  only  by  an  action  brought  in  court.     The  vacancy  being  declared, 
the  county  superintendent  shall  appoint.     A  member  of  the  district  board  cannot 
continue  to  act  as  a  member  thereof  after  he  ceases  to  be  a  resident  of  the  dis- 
trict, nor  has  he  the  right  to  appoint  a  deputy  to  discharge  the  duties  of  the 
office. 


SCHOOL    LAWS    OF    KANSAS. 


35 


and  preserve  all  records,  books  and  papers  belonging  to  his 
office,  and  deliver  the  same  to  his  successor  in  office.  (Laws 
1876,  ch.  122,  art.  4,  sec.  5.) 

SEC.  81.  Clerk  of  the  Board.  [5597.]  The  said  clerk  shall  be 
clerk  of  the  district  board  and  of  all  district  meetings,  when 
present  ;28  but  if  such  clerk  shall  not  be  present  at  any  district 
meeting,  the  voters  present  may  appoint  a  clerk  of  such  meet- 
ing, who  shall  certify  the  proceedings  thereof,  and  the  same 
shall  be  recorded  by  the  clerk  of  the  district.  (Laws  1876,  ch. 
122,  art.  4,  sec.  6.) 

SEC.  82.  Draw  Orders.  [5598.]  The  clerk  of  the  district 
shall  draw  orders  on  the  treasurer  of  the  district  for  moneys  in 
the  hands  of  such  treasurer  which  have  been  apportioned  to  or 
raised  by  the  district,  to  be  applied  to  the  payment  of  teachers' 
wages,  and  apply  such  money  to  the  payment  of  the  wages  of 
such  teachers  as  shall  have  been  employed  by  the  district  board  ; 
and  said  clerk  shall  draw  orders  on  the  said  treasurer  for  moneys 
in  the  hands  of  such  treasurer,  to  be  disbursed  for  any  other 
purpose  ordered  by  a  district  meeting  or  by  the  district  board, 
agreeably  to  the  provisions  of  this  act.29  (Laws  1876,  ch.  122, 
art.  4,  sec.  7.) 

SEC.  83.  Annual  Report.  [5599.]  The  clerk  of  each  district 
shall,  at  least  five  days  previous  to  the  annual  meeting  in  July 
of  each  year,  make  a  written  report,  which  he  shall  submit  and 
read  to  the  legal  voters  of  the  district  at  the  annual  meeting, 
for  their  information  and  consideration.  If  any  change  or  alter- 
ation therein  be  necessary,  the  same  shall  be  made,  and  it  shall 
then  be  transmitted  to  the  county  superintendent  of  public  in- 
struction. Said  report  shall  show  :  (1)  The  number  of  children,, 
male  or  female,  designated  separately,  residing  in  the  district  or 
part  of  district  on  the  last  day  of  June  previous  to  the  elate  of 
such  report,  over  the  age  of  five  and  under  the  age  of  21  years  ^ 
(2)  the  number  of  children  attending  school  during  the  year,, 
their  sex,  and  branches  studied  ;  (3)  the  length  of  time  a  school 

28  In  transacting  the  school  business  of  the  district,  the  members  of  the  board 
should  meet  as  a  district  board,  the  clerk  making  a  complete  record  of  all  pro- 
ceedings.    Members  of  a  school-district  board  have  not  the  right  to  enter  into 
contract  obligating  said  board  outside  of  a  regular  meeting,  and  such  meeting  is 
not  legal  unless  all  members  have  been  notified  of  the  call  of  the  same. 

29  Should  the  director  or  other  member  of  the  board  refuse  to  sign  a  legal  or- 
der, payable  to  any  party  legally  entitled  to  receive  it,  such  officer  may  be  com 
pelled,  by  writ  of  mandamus,  to  sign. 


36  SCHOOL   LAWS    OF   KANSAS. 

has  been  taught  in  the  district  by  a  qualified  teacher,  the  name 
of  the  teacher,  the  length  of  time  taught  by  each  teacher,  and 
wages  paid  ;  (4)  the  amount  of  money  received  from  the  county 
treasurer,  arising  from  disbursement  of  the  state  annual  school 
fund,  the  amount  received  from  district  taxes,  and  the  amount 
received  from  all  other  sources  during  the  year,  and  the  manner 
in  which  the  same  has  been  expended  ;  (5)  the  amount  of  money 
raised  by  the  district  each  year,  and  the  purposes  for  which  it 
was  raised  ;  (6)  the  kind  of  books  used  in  the  schools,  and  such 
other  facts  and  statistics  in  regard  to  the  district  school  as  the 
county  superintendent  may  require.  (Laws  1889,  ch.  220,  sec.  2.) 

SEC.  84.  County  Treasurers.  [5600.]  All  county  treasurers  in 
this  state  are  hereby  required  to  notify  clerks  of  all  school  dis- 
tricts in  their  respective  counties,  by  mail  or  otherwise,  10  days 
prior  to  the  time  fixed  by  law  for  holding  the  annual  district 
meeting,  of  the  amount  of  money  drawn  from  the  treasury  by 
the  district  treasurer  of  his  district  since  the  commencement  of 
the  past  school  year,  and  shall  also  state  in  the  same  notification 
the  balance  remaining  on  hand,  if  any,  in  the  county  treasury  to 
the  credit  of  the  respective  districts.  (Laws  1889,  ch.  220,  sec.  3.) 

SEC.  84a.  Treasurer  Pay  no  Money,  When.  [5601.]  The  county 
treasurer  shall  pay  no  money  to  the  district  treasurers  of  his 
county  after  the  close  of  the  school  year,  June  30,  until  after 
the  annual  district  meetings  of  the  school  districts  have  been 
held.  (Laws  1889,  ch.  220,  sec.  4.) 

SEC.  85.  Joint  District.  [5602.]  Whenever  a  school  district 
shall  lie  partly  in  two  or  more  counties,  the  clerk  of  such  dis- 
trict, in  making  his  annual  report,  shall  carefully  designate  the 
number  of  children  resident  in  the  parts  of  the  counties  com- 
posing the  district,  and  shall  report  to  the  county  superintend- 
ent of  public  instruction  of  each  of  the  counties  in  which  such 
district  may  be  partly  situated.  (Laws  1876,  ch.  122,  art.  4, 
sec.  9.) 

SEC.  86.  Penalty.  [5603.]  Every  clerk  of  a  district  who  shall 
wilfully  sign  a  false  report  to  the  county  superintendent  of  his 
county  shall  be  deemed  guilty  of  a  misdemeanor,  and  punished 
by  a  fine  not  exceeding  $  100,  or  by  imprisonment  not  exceeding 
three  months.  (Laws  1876,  ch.  122,  art.  4,  sec.  10.) 

SEC.  87.  Report  to  County  Clerk.  [5604.]  It  shall  be  the  duty 
of  the  several  district  clerks  in  this  state  to  make  out  a  certified 


SCHOOL    LAWS   OF   KANSAS.  37 

list  of  all  persons  residing  within  their  respective  districts  liable 
to  pay  taxes,  and  transmit  the  same  to  the  county  clerks  of  their 
respective  counties  on  or  before  the  25th  day  of  August  annu- 
ally, except  in  incorporated  cities.  (Laws  1876,  ch.  122,  art.  4, 
sec.  11.) 

SEC.  88.  Failure  to  Report.  [5605.]  Any  district  clerk  who 
shall  fail  to  report  the  tax  voted  by  his  district  to  the  county 
clerk,  as  is  provided  by  law,  shall  be  liable  to  a  fine  of  not  less 
than  $50  ;  and  it  is  hereby  made  the  duty  of  the  county  super- 
intendent to  have  the  provisions  of  this  act  enforced.  (Laws 
1876,  ch.  122,  art.  4,  sec.  12.) 

SEC.  89.  Other  Reports.  [5606.]  The  district  clerk  shall  re- 
port to  the  county  superintendent  in  writing  the  names  and  post- 
office  address  of  the  district  officers  elect,  within  two  weeks 
after  the  said  officers  shall  have  been  elected  or  appointed  and 
qualified.  The  clerk  shall  also  report  to  the  county  superin- 
tendent the  time  of  the  commencement  of  each  term  of  school, 
within  two  weeks  from  the  commencement  of  such  term. 
(Laws  1876,  ch.  122,  art.  4,  sec.  13.) 

SEC.  90.  Report  of  Indebtedness.  [7104.]  That  in  addition 
to  the  duties  now  required  by  law  of  the  following  officers,  to 
wit,  township  clerks  and  clerks  of  incorporated  cities,  school- 
district  clerks  and  clerks  of  boards  of  education,  they  shall  each 
of  them  make  and  transmit  to  the  clerk  of  their  respective 
counties,  on  or  before  the  5th  day  of  July  in  each  year,  a  com- 
plete certified  statement  of  the  floating  and  bonded  indebted- 
ness, with  date  of  issuing  and  of  maturing  of  outstanding  bonds  ; 
amount  of  sinking-fund,  if  any,  for  redeeming  the  same  ;  and 
such  other  information  as  may  be  required  by  the  county  clerk 
concerning  the  financial  condition  of  their  respective  townships, 
cities,  or  districts ;  and  when  no  outstanding  indebtedness  ex- 
ists, such  fact  shall  be  reported.  (Laws  1877,  ch.  90,  sec.  1.) 

SEC.  91.  Records.  [5613.]  Every  school-district  clerk  or 
treasurer  who  shall  neglect  or  refuse  to  deliver  to  his  successor 
in  office  all  records,  books  and  papers  belonging  to  his  office 
shall  be  subject  to  a  fine  not  exceeding  $50.  (Laws  1876,  ch. 
122,  art.  4,  sec.  20.) 

SEC.  92.  Treasurer;  Bond.  [5607.]  The  treasurer  shall  exe- 
cute to  the  district  a  bond  in  double  the  amount,  as  near  as 


38  SCHOOL    LAWS    OF    KANSAS. 

can  be  ascertained,  to  come  into  his  hands  as  treasurer  during 
the  year,  with  sufficient  securities,  to  be  approved  by  the  direc- 
tor and  clerk,  conditioned  to  the  faithful  discharge  of  the  duties 
of  said  office.30  Such  bond  shall  be  justified  by  the  affidavit  of 
the  principal  and  his  sureties  :  Provided,  That  the  director  of 
the  district  or  the  county  superintendent  of  public  instruc- 
tion shall  be  authorized  to  administer  the  oaths  in  the  justifica- 
tion of  the  treasurer  and  his  sureties.  And  said  bond  shall  be 
filed  with  the  district  clerk,  and  in  case  of  the  breach  of  any 
condition  thereof,  the  director  shall  cause  a  suit  to  be  com- 
menced thereon,  in  the  name  of  the  district,  and  the  money 
collected  shall  be  applied  by  such  director  to  the  use  of  the  dis- 
trict, as  the  same  should  have  been  applied  by  the  treasurer  ; 
and  if  such  director  shall  neglect  or  refuse  to  prosecute,  then 
any  householder  in  the  district  may  cause  such  prosecution  to 
be  instituted.  (Laws  1879,  ch.  156,  sec.  1.) 

SEC.  93.  Duties.  [5608.]  The  treasurer  of  each  district 
«hall  pay  out,  on  the  order  of  the  clerk,  signed  by  the  director 
•of  the  district,  all  public  moneys  which  shall  come  into  his 
hands  for  the  use  of  the  district.31  (Laws  1876,  ch.  122,  art.  4, 
-sec.  15.) 

SEC.  94.  Receive  School  Moneys.  [5609.]  The  county  treas- 
urer shall  pay  to  each  district  treasurer  in  the  county  all  school 
anoneys  in  the  county  treasury  belonging  to  the  district,  upon 
the  order  of  the  director  and  clerk  of  the  district:  Provided, 
That  said  order  shall  be  accompanied  by  a  certificate  from  the 
district  clerk,  stating  that  the  treasurer  of  the  district  has  exe- 
cuted and  filed  his  bond  as  required  by  law.  (Laws  1876,  ch. 
122,  art.  4,  sec.  16.) 

SEC.  95.  District  Taxes.  [5610.]  Where  a  school-district  tax 
has  been  voted,  and  from  the  fault  or  negligence  of  any  officer, 

30  It  is  not  proper  for  either  the  director  or  the  clerk  to  become  surety  for 
the  treasurer.     The  bond  shall  be  executed  before  the  treasurer  is  sworn.     It  is 
not  necessary  that  the  treasurer's  bondsmen  be  residents  of  the  district,  though 
they  ought  to  reside  in  the  county.     The  bond  becoming  insufficient  from  any 
cause,  the  director  and  clerk  may  require  the  bond  to  be  made  good.     Should  a 
district  treasurer  fail  or  refuse  to  give  a  proper  bond  or  to  increase  the  same 
when  deemed  necessary,  the  county  superintendent  should  declare  the  office 
vacant,  and  proceed  to  appoint  a  treasurer  for  the  district. 

31  Registration.     When  a  warrant  is  presented  and  not  paid  for  want  of  funds, 
it  is  the  duty  of  the  treasurer  to  register  the  same,  and,  when  the  proper  funds 
are  received,  to  pay  said  warrant,  and  all  others  which  have  been  similarly  pre- 
sented, in  the  regular  order  of  registration. 


SCHOOL   LAWS    OP    KANSAS.  39 

or  any  other  cause,  has  not  been  levied  and  collected  in  any 
year,  the  same  shall  be  added  to  and  collected  with  the  taxes  of 
the  year  following ;  and  the  county  treasurer  shall  pay  over  to 
the  treasurers  of  the  respective  school  districts  all  taxes  he  may 
have  collected  for  the  said  districts,  on  the  order  of  the  district 
clerk,  countersigned  by  the  director,  subject  to  the  proviso  con- 
tained in  section  52  of  this  act.32  (Laws  1876,  ch.  122,  art.  4, 
sec.  17.) 

SEC.  96.  Records  and  Reports.  [5611.]  The  treasurer  shall 
keep  a  book  in  which  he  shall  enter  all  the  moneys  received 
and  disbursed  by  him,  specifying  particularly  the  sources  from 
which  money  has  been  received  and  the  person  or  persons  to 
whom  and  the  objects  for  which  the  same  has  been  paid  out. 
He  shall  present  to  the  district,  at  each  annual  meeting,  a  re- 
port in  writing,  containing  a  statement  of  all  moneys  received 
by  him  from  the  county  treasurer  during  the  year  ;  also,  all 
moneys  collected  by  him  during  the  year  from  assessments  in 
the  district,  and  of  the  disbursement  made  by  him,  with  the 
items  of  such  disbursements,  and  exhibit  the  vouchers  therefor, 
which  report  shall  be  recorded  by  the  district  clerk  ;  and  at  the 
close  of  his  term  of  office  shall  settle  with  the  district  board, 
and  shall  hand  over  to  his  successor  said  book,  and  all  receipts, 
vouchers,  orders  and  papers  coming  into  his  hands  as  treasurer 
of  the  district,  together  with  all  the  moneys  remaining  in  his 
hands  as  such  treasurer.  (Laws  1876,  ch.  122,  art.  4,  sec.  18.) 

SEC.  97.  Prosecution  for  Failure.  [5612. J  If  any  district 
treasurer  shall  refuse  or  neglect  to  pay  over  any  money  in  his 
hands  belonging  to  the  district,  it  shall  be  the  duty  of  his  suc- 
cessor in  office  to  prosecute  without  delay  the  official  bond  of 
such  treasurer,  for  the  recovery  of  such  money.  (Laws  1876, 
ch.  122,  art.  4,  sec.  19.) 

SEC.  98.  Schoolhouse.  [5614.]  The  district  board  shall  pur- 
chase or  lease  such  a  site  for  a  schoolhouse  as  shall  have  been 
designated  by  the  voters  at  a  district  meeting,  in  the  corporate 
name  thereof,  and  shall  build,  hire  or  purchase  such  school- 
house,  as  the  voters  of  the  district  in  a  district  meeting  shall 
have  agreed  upon,  out  of  the  funds  provided  for  that  purpose, 
and  make  sale  of  any  schoolhouse  site  or  other  property  of  the 

32  Section  94  of  this  book. 


40  SCHOOL    LAWS    OP    KANSAS. 

district,  and,  if  necessary,  execute  a  conveyance  of  the  same  in 
the  name  of  their  office,  when  lawfully  directed  by  the  voters  of 
such  district  at  any  regular  or  special  meeting,  and  shall  carry 
into  effect  all  lawful  orders  of  the  district.  (Laws  1876,  ch. 
122,  art.  4,  sec.  21.) 

SEC.  99.  School  Property.  [5615.]  The  district  board  shall 
have  the  care  and  keeping  of  the  schoolhouse,  and  other  prop- 
erty belonging  to  the  district.  They  shall  have  power  to  make 
such  rules  and  regulations  relating  to  the  district  library  as  they 
may  deem  proper,  and  to  appoint  some  suitable  person  to  act 
as  librarian,  and  to  take  charge  of  the  school  apparatus  belong- 
ing to  the  district.  (Laws  1876,  ch.  122,  art.  4,  sec.  22.) 

SEC.  100.  Use  of  Schoolhouse.  [5628.]  The  district  board  shall 
have  the  care  and  keeping  of  the  schoolhouse  and  other  prop- 
erty belonging  to  the  district.  They  are  hereby  authorized  to 
open  the  schoolhouse  for  the  use  of  religious,  political,  literary, 
scientific,  mechanical  or  agricultural  societies  belonging  in  their 
district,  for  the  purpose  of  holding  the  business  or  public  meet- 
ings of  said  societies,  under  such  regulations  as  the  school  board 
may  adopt.33  (Laws  1876,  ch.  125,  sec.  1.) 

SEC.  101.  Removal  of  Schoo Ihouses,  etc.  [5627.]  That  when- 
ever a  schoolhouse  or  other  improvements  have  been  made  upon 
the  claim  of  any  settler  upon  any  of  the  public,  Indian  or  rail- 
road lands  within  this  state,  to  which  the  said  settler  had  no 
title,  it  shall  be  lawful  for  the  school  directors  of  the  proper  school 
district  to  remove  the  said  schoolhouse  or  other  improvements 
from  the  said  claim  at  any  time  within  one  year  from  the  time 
that  the  settler  in  any  given  case  may  acquire  a  title  to  his  said 
claim  :  Provided,  That  if  the  said  settler,  in  any  given  case,  shall 
convey  to  said  board  of  school  directors  one  acre  of  the  land  upon 
which  said  schoolhouse  or  other  improvements  are  situated,  the 
same  shall  not  be  removed  :  And  provided  further,  That  if  any 
schoolhouse  shall  have  been  built  of  stone,  brick,  or  frame,  cost- 
ing not  less  than  $500,  the  probate  judge  of  the  county  shall 
appoint  three  disinterested  persons,  who  shall  appraise  and  con- 
demn one  acre  of  such  land  upon  which  said  improvements  shall 
have  been  located  ;  and  it  shall  be  the  duty  of  the  school  direct- 
ors of  such  district  to  pay  the  owner  of  such  land  the  value  of 

33  This  section  does  not  mean  that  school  boards  must  open  the  schoolhouse 
for  the  purposes  mentioned,  but  that  they  may.  if  they  think  it  best  to  do  so. 


SCHOOL   LAWS   OF   KANSAS.  41 

such  land   as  found  by  said  appraisers.    (Laws   1876,  ch.  122, 
art.  4,  sec.  32.) 

SEC.  102.  Non-resident  Pupils.  [5616.]  The  district  board 
shall  have  power  to  admit  scholars  from  adjoining  districts. 
(Laws  1876,  ch.  122,  art.  4,  sec.  23.) 

SEC.  102a.  Discontinue  Schools;  Send  Children  to  Other  Dis- 
tricts. [Laws  1895,  ch.  217,  sec.  1.]  In  any  school  district, 
if,  in  the  judgment  of  the  district  board,  the  county  superin- 
tendent concurring,  the  number  of  children  in  said  district  and 
the  distance  of  the  same  from  the  schoolbouse,  would  not  war- 
rant the  continuance  of  the  school  in  said  district,  it  shall 
then  be  lawful  for  the  district,  at  its  annual  or  special  meeting 
called  for  the  purpose  hereinafter  stated,  and  called  in  accord- 
ance with  the  law  providing  for  special  meetings  in  school  dis- 
tricts, to  make  provision  for  the  sending  of  the  children  of  such 
district  to  such  other  school  or  schools  as  may  seem  in  their 
judgment  best ;  and  for  such  purpose  the  school  board  is  author- 
ized to  issue  the  warrants  of  said  district  in  payment  of  extra  ex- 
penses and  tuition  of  such  children  :  Provided,  Such  expense  and 
tuition  shall  not  exceed  $25  in  any  one  month  for  all  of  said  chil- 
dren that  may  be  sent  to  other  schools  :  And  provided  further** 
That  such  discontinuance  of  the  school  in  said  district  shall  not 
bar  the  district  from  its  share  of  the  state  school  fund,  if  said 
children  are  continued  in  the  school  or  schools  of  other  districts 
the  full  time  required  by  law  for  the  maintenance  of  schools  in 
the  districts. 

SEC.  1026.  Send  Children  to  Other  Districts,  When.  [Laws 
1895,  ch.  217,  sec.  2.]  If  in  any  school  district  there  are  ch'l- 
dren  for  whom  it  will  be  more  convenient,  by  reason  of  dis- 
tance from  the  school  of  the  district  where  they  live,  to  attend 
school  in  another  district,  the  annual  school  meeting  may  make 
an  order  sending  such  children  to  the  school  of  some  other  con- 
venient district,  and  the  school  board  is  hereby  authorized  to 
issue  the  warrants  of  the  district  in  payment  of  the  extra  ex- 
pense and  tuition  of  such  children  :  Provided,  The  total  amount 
so  paid  shall  not  exceed  $20  per  month  for  all  such  children. 

34  This  provision  of  the  law  is  unconstitutional.  A  district  must  maintain  a 
school  for  a  period  of  three  months  in  the  year  within  the  district  to  be  entitled 
to  any  portion  of  the  income  of  the  state  school  fund. 


42  SCHOOL    LAWS   OP    KANSAS. 

SEC.  103.  Teachers.  [5617.]  The  district  board  in  each  dis- 
trict shall  contract  with  and  hire  qualified  teachers35  for  and  in  the 
name  of  the  district,38  which  contract  shall  be  in  writing,  and 
shall  specify  the  wages  per  week  or  month  as  agreed  upon  by 
the  parties,  and  such  contract  shall  be  filed  in  the  district  clerk's 
office  ;  and,  in  conjunction  with  the  county  superintendent,  may 
dismiss  for  incompetency,  cruelty,  negligence,  or  immorality.37 
(Laws  1876,  ch.  122,  art.  4,  sec.  24.) 

SEC.  104.  Records  and  Reports.  [5640.]  It  shall  be  the  duty 
of  the  teachers  of  every  district  school  or  graded  school  to  keep,  in 
a  register  for  this  purpose,  a  daily  record  of  the  attendance  and 
the  deportment  of  each  pupil,  and  of  the  recitations  of  each  pu- 
pil in  the  several  branches  pursued  in  said  school,  and  to  make 
out  and  file  with  the  district  clerk,  at  the  expiration  of  each 
term  of  the  school,  a  full  report  of  the  whole  number  of  scholars 
admitted  to  school  during  such  term,  distinguishing  between 
male  and  female,  the  text-books  used,  the  branches  taught,  and 
the  number  of  pupils  engaged  in  the  study  of  said  branches,  and 
any  other  information  the  district  board  or  county  superintend- 
ent may  require.  The  wages  of  a  teacher  for  the  last  month 
of  a  school  term  shall  not  be  paid  by  any  district  board,  unless 
said  teacher  shall  have  complied  with  the  requirements  of  this 
section.  (Laws  1876,  ch.  122,  art.  6,  sec.  1.) 

SEC.  105.  Necessary  Appendages.  [5618.]  The  district  board 
shall  provide  the  necessary  appendages  for  the  schoolhouse  dur- 
ing the  time  a  school  is  taught  therein,  and  shall  keep  an  ac- 

35  It  is  held  (1)  that  a  "qualified"  teacher  is  one  holding  a  legal  certificate; 
a  contract  with  any  other  than  a  legally  qualified  teacher  is  not  a  legal  contract; 
(2)  should  the  teacher's  certificate  expire  by  limit  of  date  during  a  term  of  school, 
said  teacher  must  procure  a  new  certificate  or  the  contract  becomes  null  and 
void ;  and  (3)  a  contract  to  teach  made  by  a  district  board  with  a  member  of  said 
board  is  contrary  to  public  policy. 

36  Contract.    It  is  not  legal  for  a  school-district  board,  previous  to  the  annual 
meeting,  to  employ  teachers  for  the  new  term  of  school.     The  law  says  plainly 
and  distinctly  that  the  annual  meeting  shall  have  the  right  to  specify  whether 
the  teacher  shall  be  male  or  female,  and  the  length  of  term  of  school  which  shall 
be  held.     The  annual  school  meeting  cannot  have  this  right  and  the  board  at  the 
same  time  have  the  right  to  employ  a  teacher  previous  to  the  time  for  the  meeting. 

37  Janitor  Work.    In  the  absence  of  any  law  making  it  the  duty  of  the  teacher 
to  assume  the  responsibility  of  janitor  work  necessary  for  the  comfort  and  good 
order  of  the  school  under  her  charge,  such  work  being  necessary  and  indispensa- 
ble, and  further,  since  the  provision  for  the  equipment  of  the  school  is  clearly  the 
duty  of  the  board,  the  inference  certainly  must  be  that  the  care  of  the  school- 
house  properly  belongs  to  the  district  board,  and  in  no  way  can  it  be  construed  as 
a  part  of  the  teacher's  duties,  unless  the  contract  entered  into  by  the  same  shall 
so  provide. 


SCHOOL    LAWS    OF    KANSAS.  43 

curate  account  of  all  expenses  thus  incurred,  and  present  the 
same  for  allowance  at  any  regular  district  meeting.  (Laws  1876, 
ch.  122,  art.  4,  sec.  25.) 

SEC.  106.  Suspend  Pupil;  Appeal.  [5619.]  The  district 
board  may  suspend,  or  authorize  the  director  to  suspend,  from 
the  privileges  of  a  school,  any  pupil  guilty  of  immorality  or 
persistent  violation  of  the  regulations  of  the  school,  which  sus- 
pension shall  not  extend  beyond  the  current  quarter  of  the 
school :  Provided,  That  the  pupil  suspended  shall  have  the  right 
to  appeal  from  the  decision  of  said  board  of  directors  to  the 
county  superintendent,  who  shall,  upon  a  full  investigation  of 
the  charges  preferred  against  said  pupil,  determine  as  to  his 
guilt  or  innocence  of  the  offense  charged,  whose  decision  shall 
be  final.  (Laws  1876,  ch.  122,  art.  4,  sec.  26.38) 

SEC.  107.  School  Duties.  [5620.]  The  district  board  shall 
furnish  each  teacher  with  a  suitable  daily  register,  and  shall 
visit  together,  or  by  one  or  two  of  their  number,  all  the  schools 
of  their  district,  at  least  once  a  term,  and  at  such  other  periods 
during  the  term  as  in  their  opinion  the  exigencies  of  each  school 
may  require  ;  at  which  visits  they  shall  examine  the  register  of 
the  teacher  and  see  that  it  is  properly  kept,  and  inquire  into 
other  matters  touching  the  schoolhouse,  facilities  for  ventila- 
tion, furniture,  apparatus,  library,  studies,  discipline,  modes  of 
teaching,  and  improvement  of  the  school;39  shall  confer  with 
the  teacher  in  regard  to  condition  and  management,  and  make 
such  suggestions  as  in  their  view  would  promote  the  interest 
and  efficiency  of  the  school,  and  the  progress  and  good  order  of 
the  pupils.  The  date  and  results  of  such  visits  shall  be  entered 
by  the  clerk  of  the  board  on  their  minutes.  (Laws  1876,  ch.  122, 
art.  4,  sec.  27. )40 

38  The  right  of  the  teacher  to  punish  for  misconduct  extends  from  the  time 
the  pupil  leaves  home  to  go  to  school  until  he  returns  home  from  school.     This, 
however,  does  not  relieve  the  parent  from  control  of  the  child  on  his  way  to  and 
from  school.     The  control  of  school  children  on  their  way  to  and  from  school 
should  be  exercised  concurrently  by  the  parents  and  teacher.     In  case  of  grave 
misconduct,  the  teacher  can  suspend  a  pupil  until  the  board  can  be  notified  of 
such  action.     Due  diligence  must  be  used  by  the  teacher  to  serve  notice  on  the 
board. 

39  A  school  board  has  a  right  to  make  a  rule  requiring  constant  and  prompt 
attendance  at  school,  such  a  rule  having  in  view  the  securing  of  the  very  object 
contemplated  in  the  law  establishing  public  schools.     The  interest  of  the  pupil 
and  of  all  the  members  of  the  school  require  promptness  and  regularity  in  attend- 
ance.    Courts  have  held  that  such  a  rule  may  be  enforced. 

4Q  Powers  of  District  Board.  The  district  board  has  the  power  to  prescribe 
the  necessary  rules  and  regulations  for  the  management  and  government  of  the 


44  SCHOOL    LAWS    OF    KANSAS. 

SEC.  108.  Taxes.  [5625.]  It  shall  be  the  duty  of  the  school- 
district  boards  of  the  various  school  districts  in  the  respective 
counties  of  the  state  to  cause  to  be  certified  by  the  school-dis- 
trict clerk  to  the  county  clerk  of  their  respective  counties,  on  or 
before  the  25th  day  of  August,  annually,  the  aggregate  percent- 
age by  them  levied  on  the  real  and  personal  property  in  each 
district,  as  returned  on  the  assessment  roll  of  the  county ;  and 
the  county  clerk  is  hereby  authorized  and  required  to  place  the 
same  on  the  tax-roll  of  said  county,  in  a  separate  column  or 
columns,  designating  the  purpose  for  which  such  taxes  were 
levied  ;  and  the  said  taxes  shall  be  collected  by  the  county 
treasurer  and  paid  over  to  the  treasurers  of  the  respective 
school  districts  in  the  county,  with  the  same  power  and  restric- 
tions and  under  the  same  regulations,  and  in  all  respects,  as  to 
the  sale  of  real  or  personal  property.  He  shall  be  authorized, 
and  he  is  hereby  required,  to  act  according  to  the  provisions 
and  requisitions  of  the  law  for  the  collection  of  the  taxes  for 
state  and  county  purposes.  (Laws  1876,  ch.  122,  art.  4, 
sec.  30.) 

SEC.  109.  Judgments.  [5626.]  Whenever  any  final  judg- 
ment shall  be  obtained  against  any  school  district,  the  district 
board  shall  levy  a  tax  on  such  taxable  property  in  the  district 
for  the  payment  thereof.41  Such  tax  shall  be  collected  as  other 
school-district  taxes,  but  no  execution  shall  issue  on  such 
judgment  against  the  school  district;  and  in  case  the  district 
board  neglect  to  levy  a  tax  as  aforesaid  for  the  space  of  80 
days  after  such  judgment  shall  become  final,  or  in  case  the 
proper  officer  shall  neglect  to  collect  the  tax  levied  within  the 
time  and  in  the  manner  provided  by  law,  then  the  judgment 
creditor  of  the  district  may  have  and  recover  a  judgment 
against  the  officer  or  officers  so  in  default  for  the  amount  due 
him  on  such  judgment  against  the  district,  with  costs,  upon 
which  execution  shall  issue.  (Laws  1876,  ch.  122,  art.  4, 
sec.  31.) 

school.  They  may  require  a  classification  of  pupils  with  respect  to  the  branches 
of  study  pursued,  and  with  respect  to  proficiency  or  degree  of  advancement  in 
the  same,  and  that  there  shall  be  prompt  attendance,  diligence  in  study,  and 
proper  deportment,  and  can  determine  the  branches  to  be  taught  other  than 
those  required  by  law. 

41  A  judgment  tax  may  be  levied  in  addition  to  the  2-per-cent.  tax  for  gen- 
eral school  purposes,  and  the  amount  of  tax  which  may  be  levied  to  pay  a  judg- 
ment is  not  limited. 


SCHOOL    LAWS    OF    KANSAS. 


45 


ARTICLE  VI. 

DISTRICT    SCHOOLS. 


§114.  Pupils    with    contagious    diseases    ex- 
cluded, when. 

115.  When  a  tuition  fee  may  be  assessed. 

116.  Four  months'  school  required,  if  school- 

house  be  good. 

117.  Levy  of  tax  for  same,  manner  of. 

118.  Failure  of  school  board  to  hire  teacher. 


§110.  Branches  taught  in  common  schools ;  in- 
struction shall  be  given  in  the  English 
language. 

111.  School  month  defined. 

112.  District  schools  free  to  all  resident  chil- 

dren. 

113.  Penalty  for  violation  of  this  article ;  shall 

not  apply  to  officers  of  cities  of  first  and 
second  class. 

SECTION  110.  Branches  Taught.  [5634.]  That  in  each  and 
every  school  district  shall  be  taught  orthography,  reading, 
writing,  English  grammar,  geography,  and  arithmetic,  and 
such  other  branches  as  may  be  determined  by  the  district 
board:42  Provided,  That  the  instruction  given  in  the  several 
branches  taught  shall  be  in  the  English  language.  (Laws  1877, 
ch.  170,  sec.  1.) 

SEC.  111.  School  Month.  [5635.]  A  school  month  shall  con- 
sist of  four  weeks  of  five  days  each,  of  six  hours  per  day.  (Laws 
1876,  ch.  122,  art.  5,  sec.  2.) 

SEC.  122.  Free  Schools.  [5636.]  The  district  schools  estab- 
lished under  the  provisions  of  this  act  shall  at  all  times  be 
equally  free  and  accessible  to  all  the  children  resident  therein 
over  five  and  under  the  age  of  21  years,  subject  to  such  regula- 
tions as  the  district  board  in  each  may  prescribe.  (Laws  1876, 
ch.  122,  art.  5,  sec.  3.) 

SEC.  113.  Penalty.  [5637.]  The  members  of  any  district 
board  wilfully  violating  any  of  the  provisions  of  this  article, 
or  refusing  the  admission  of  any  children  into  the  common 
schools,  shall  forfeit  to  the  county  the  sum  of  $100  each  for  every 
month  so  offending  during  which  such  schools  are  taught ;  and 
all  moneys  forfeited  to  the  common-school  fund  of  the  county 
under  this  act  shall  be  expended  by  the  county  superintendent 
for  the  education  of  such  children  in  the  school  district  thus 
denied  equal  educational  advantages  :  Provided,  That  any  mem- 

42  By  the  Laws  of  1885,  ch.  169,  sec.  1,  physiology  and  hygiene,  with  special 
reference  to  the  effects  of  alcoholic  stimulants  and  narcotics  upon  the  human 
system,  must  also  be  taught  in  each  public  school  supported  by  public  money 
and  under  state  control. 


46  SCHOOL    LAWS    OF    KANSAS. 

her  of  said  board  who  shall  protest  against  the  action  of  his 
said  board  in  excluding  any  children  from  equal  educational 
advantages,  or  in  violating  any  of  the  provisions  of  this  article, 
shall  not  be  subject  to  the  penalty  herein  named  :  And  provided 
further,  That  the  provisions  of  this  act  shall  not  apply  to  cities 
of  the  first  or  second  class.  (Laws  1877,  ch.  170,  sec.  2.) 

SEC.  114.  Contagious  Diseases.  [5638.]  No  pupil  infected  with 
any  contagious  disease  shall  be  allowed  to  attend  any  common 
school,  or  remain  in  any  schoolroom  while  so  infected.  (Laws 
1876,  ch.  122,  art.  5,  sec.  5.) 

SEC.  115.  Tuition  Fee.  [5639.]  Whenever  there  be  not  pub- 
lic money  enough  belonging  to  any  school  district  to  support  a 
public  school  the  length  of  time  determined  at  the  annual  meet- 
ing, or  at  a  special  meeting  duly  called,  the  district  board,  to 
meet  said  deficiency,  may  assess  a  tuition  fee  upon  each  scholar 
attending  such  school,  the  assessment  to  be  proportioned  to  the 
number  of  days  each  pupil  has  been  in  actual  attendance  during 
the  term  :  Provided,  That  no  tuition  fee  shall  be  levied  upon  the 
scholars  in  any  of  the  public  schools  of  this  state,  in  accordance 
with  the  provisions  of  this  act,  unless  the  entire  amount  of  1 
per  cent,  for  teachers'  wages,  as  required  by  law,  be  first  as- 
sessed upon  the  taxable  property  of  said  school  district.  (Laws 
1876,  ch.  122,  art.  5,  sec.  6.) 

SEC.  116.  Length  of  School  Term.  [5861.]  That  in  all  school 
districts  in  this  state  in  which  there  is  a  good  and  sufficient 
school  building,43  a  school  shall  be  maintained  for  a  period  of 
not  less  than  four  months,  between  the  1st  day  of  October  and 
the  1st  day  of  June  in  each  school  year.  (Laws  1881,  ch.  150, 
sec.  1.) 

SEC.  117.  Tax  Levy.  [5862.]  Should  the  legal  voters  of  any 
school  district,  at  their  annual  school  meeting,  or  special  meet- 
ing called  for  that  purpose,  or  the  school-district  board,  neglect, 
refuse  or  fail  to  provide  a  sufficient  levy  of  tax  upon  the  taxable 
property  of  such  district  to  maintain  a  public  free  school  for  a 
period  of  not  less  than  four  months  in  each  school  year,  the 

43  A  bsence  of  Building.  The  absence  of  a  "good  and  sufficient  school  build- 
ing" cannot  be  used  as  an  excuse  for  claiming  the  school  dividend,  if  a  district 
fails  to  have  three  months'  school.  Section  4,  article  6,  of  the  state  constitution, 
provides  that  no  school  district  in  which  a  common  school  has  not  been  taught 
at  least  three  months  in  each  year  shall  be  entitled  to  receive  any  portion  of  the 
state  school  fund. 


SCHOOL    LAWS    OP   KANSAS.  47 

county  superintendent  of  such  county  shall,  in  conjunction  with 
the  county  commissioners,  immediately  make  an  estimate  of  the 
amount  necessary  to  support  and  maintain  a  public  free  school 
in  such  district  for  a  period  of  not  less  than  four  months  for  the 
then  ensuing  school  year,  and  certify  the  same  to  the  county 
clerk  of  such  county ;  and  it  is  hereby  made  the  duty  of  such 
county  clerk  to  place  the  said  levy  upon  the  tax-roll  of  such 
county  for  that  year,  and  such  tax  shall  be  collected  at  the  same 
time  and  in  like  manner  as  other  taxes  are  collected.  (Laws 
1881,  ch.  150,  sec.  2.) 

SEC.  118.  Duty  of  County  Superintendent.  [5863.]  The  county 
superintendent  shall,  upon  the  failure  or  refusal  of  the  board  of 
directors  of  any  school  district  to  provide  and  maintain  such 
school  as  is  provided  by  this  act,  on  or  before  the  1st  day  of  De- 
cember of  the  current  school  year,  hire  a  teacher  or  teachers  for 
such  school  district,  and  provide  the  necessary  fuel  and  append- 
ages for  the  maintenance  of  such  school  or  schools  for  at  least 
four  months  during  the  current  school  year  ;  and  upon  the  close 
of  such  school,  and  after  the  teacher  of  said  school  has  made 
such  reports  of  the  same  as  provided  by  law,  he  shall  certify  to 
the  treasurer  of  such  district  the  amount  due  such  teacher  for 
his  services,  and  also  the  amount  due,  and  the  party  or  parties 
to  whom  due,  for  fuel  and  other  necessary  expenses  incurred  in 
the  support  and  maintenance  of  such  school ;  and  it  is  hereby 
made  the  duty  of  the  treasurer  of  such  district  to  pay,  upon  the 
order  of  such  county  superintendent,  the  amount  or  amounts 
found  due  by  said  county  superintendent,  and  the  filing  of  a 
sworn  itemized  statement  of  the  several  amounts  so  found  due 
by  such  person  or  persons  :  Provided,  That  any  qualified  voter 
of  such  district  is  hereby  authorized  to  bring  suit  against  such 
county  superintendent,  in  the  name  of  and  in  behalf  of  the  dis- 
trict, for  failure  to  comply  with  the  provisions  of  this  act ;  and 
all  fines  collected  under  the  provisions  of  this  act  shall  be  paid 
into  the  county  treasury  for  the  use  and  benefit  of  the  county 
school  fund  of  such  county  :  Provided  further,  That  the  provi- 
sions of  this  act  shall  not  apply  to  those  school  districts  which 
will  be  required  to  levy  more  than  1  per  cent,  to  support  and 
maintain  such  school  as  is  provided  for  by  this  act.  (Laws  1881, 
ch.  150,  sec.  3.) 


48 


SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  VII. 


COMPULSORY  ATTENDANCE  AT  SCHOOL. 


§121.  Duty  of  school  officers ;  penalty  for  neg- 
lect. 
122.   Malicious  prosecution. 


§119.  Number  of  weeks  children  are  required 

to  attend  school. 

120.  Penalty  for  failure  to  comply  with  the 
provisions  of  this  act. 

SECTION  119.  Children  Shall  Attend  School.  [5850.]  That 
every  parent,  guardian,  or  other  person  in  the  state  of  Kansas 
having  control  of  any  child  or  children  between  the  ages  of  8 
and  14  years,  shall  be  required  to  send  such  child  or  children 
to  a  public  school  or  private  school,  taught  by  a  competent  in- 
structor, for  a  period  of  at  least  12  weeks  in  each  year,  six  weeks 
of  which  time  shall  be  consecutive,  unless  such  child  or  chil- 
dren are  excused  from  such  attendance  by  the  board  of  the 
school  district  or  the  board  of  education  of  the  city  in  which 
such  parent,  guardian,  or  person  having  control  resides,  upon 
its  being  shown  to  their  satisfaction  that  such  parent  or  guard- 
ian was  not  able,  by  reason  of  poverty,  to  clothe  such  child  prop- 
erly ;  or  that  such  child's  bodily  or  mental  condition  has  been 
such  as  to  prevent  his  attendance  at  school  or  application  to 
study  for  the  period  required ;  or  that  such  child  or  children 
are  taught  at  home  in  such  branches  as  are  usually  taught  in 
the  public  schools,  subject  to  the  same  examination  as  other 
pupils  of  the  district  or  city  in  which  the  child  resides  ;  or  that 
he  has  already  acquired  the  ordinary  branches  required  by  law ; 
or  that  there  is  no  school  taught  within  two  miles  by  the  near- 
est traveled  road.  (Laws  1874,  ch.  123,  sec.  1.) 

SEC.  120.  Penalty  for  Violation  of  this  Act.  [5851.]  Any 
parent,  guardian  or  other  person  failing  to  comply  with  the 
provisions  of  this  act,  shall  upon  conviction  be  deemed  guilty 
of  a  misdemeanor  and  fined  in  a  sum  not  less  than  $5  nor  more 
than  $10  for  the  first  offense,  nor  less  than  $10  nor  more  than 
$20  for  the  second  and  every  subsequent  offense.  Said  action 
shall  be  prosecuted  in  the  name  of  the  state  of  Kansas  before 
any  court  of  competent  jurisdiction,  and  all  fines  so  collected 
shall  be  paid  into  the  county  treasury  for  the  support  of  com- 
mon schools.  (Laws  1874,  ch.  123,  sec.  2.) 


SCHOOL    LAWS    OF    KANSAS.  49 

SEC.  121.  Duty  of  School  Officers;  Penalty.  [5852.]  It  shall 
be  the  duty  of  any  school  director  or  president  of  the  board  of 
education  to  inquire  into  all  cases  of  neglect  of  the  duty  pre- 
scribed in  this  act,  and  ascertain  from  the  person  neglecting, 
the  reasons,  if  any,  therefor,  and  shall  forthwith  proceed  to 
secure  the  prosecution  of  any  offense  occurring  under  this  act ; 
and  any  director  or  president  neglecting  to  secure  such  prosecu- 
tion for  such  offense  within  10  days  after  a  written  notice  has 
been  served  on  him  by  any  taxpayer  in  said  district  or  city,  un- 
less the  person  so  complained  of  shall  be  excused  by  the  district 
or  city  board  or  board  of  education  for  reasons  hereinbefore 
stated,  shall  be  deemed  guilty  of  a  misdemeanor,  and  liable  to 
a  fine  of  not  less  than  $20  nor  more  than  $50,  which  fine  shall 
be  prosecuted  for  and  in  the  name  of  the  state  of  Kansas  ;  and 
such  fine,  when  collected,  shall  be  paid  into  the  county  treas- 
ury, as  in  section  2  of  this  act.4*  (Laws  1874,  ch.  123,  sec.  3.) 

SEC.  122.  Malicious  Prosecution.  [5853.]  That  upon  the 
trial  of  any  offense,  as  charged  herein,  if  upon  such  trial  it  shall 
be  determined  that  such  prosecution  was  malicious,  then  the 
costs  in  such  case  shall  be  adjudged  against  the  complainant, 
and  collected  as  fines  in  other  cases.  (Laws  1874,  ch.  123, 
sec.  4.) 

44  Section  120  of  this  book. 


50 


SCHOOL    LAWS    OF    KANSAS. 


ARTICLE   VIII. 


UNIFORMITY  OF  TEXT-BOOKS. 


§123.  Vote  of  districts. 

124.  Election  of  delegates. 

125.  District  boards  shall  vote,  where. 

126.  County  text-book  board. 

127.  Publishers'  guaranty. 

128.  County  superintendent  chairman ;  shall 

furnish    each    district   list    of    books 
adopted. 


§129.   How  often  board  elected. 

130.  Cities  of  first  and  second  class  exempted, 

but  may  join  with  county  in  uniform- 
ity. 

131.  Change  of  books  shall  not  be  mado  for 

five  years. 

132.  Penalty  for  violation. 

133.  Disposition  of  fines. 


SECTION  123.  Vote  of  Districts.  [5864.]  School  districts  may, 
at  their  annual  meetings  for  the  election  of  school  officers,  indi- 
cate by  a  majority  of  all  the  votes  cast  at  such  meeting  their  de- 
sire for  a  county  uniformity  of  text-books,  which  vote  shall  be 
transmitted  to  the  county  superintendent  of  public  instruction 
by  the  clerk  of  the  aforesaid  school  district,  within  10  days  from 
the  time  of  such  vote.45  (Laws  1885,  ch.  171,  sec.  1.) 

SEC.  124.  Election  of  Delegates.  [58G5.J  Wherever  a  major- 
ity of  all  the  districts  of  a  county  in  any  one  year  shall  indicate, 
as  in  section  1,  their  desire  for  a  county  uniformity  of  text- 
books, the  county  superintendent  of  public  instruction  shall 
notify  the  districts  of  such  vote,  and  at  the  same  time  call  for 
one  delegate  from  each  municipal  township  and  city  of  the  third 
class  in  the  county,  to  be  elected  at  a  meeting  of  the  school 
boards  of  such  townships,  on  a  day  and  at  a  place  and  hour 
specified  in  said  call :  Provided,  That  if,  by  virtue  of  section  8 
of  this  act,  any  city  of  the  first  or  second  class  shall  decide  to 
adopt  the  provisions  of  this  act  in  the  matter  of  county  uniform- 
ity, then  the  city  so  adopting  shall  send  the  superintendent  of 
the  city  schools,  and  one  other  person  to  be  elected  by  the  board 
of  education,  to  be  the  representatives  of  su£h  city  on  the  county 
text-book  board.  (Laws  1885,  ch.  171,  sec.  2.) 

SEC.  125.  Shall  Vote,  Where.  [5866.]  District  boards  shall 
vote  in  the  county  and  township  in  which  their  schoolhouses 
are  located.  (Laws  1885,  ch.  171,  sec.  3.) 

SEC.  126.  County  Text-book  Board.  [5867.]  The  delegates  so 
elected  shall  constitute  a  county  text-book  board,  whose  duty  it 


45  Section  130  of  this  book. 


SCHOOL    LAWS    OP    KANSAS.  51 

shall  be  to  select  and  prescribe  the  text-books  to  be  used  in 
each  branch  of  study  required  by  law  to  be  taught  in  the  public 
schools.  (Laws  1885,  ch.  171,  sec.  4.) 

SEC.  127.  Publishers'  Guaranty.  [5868.]  No  text-book  shall 
be  prescribed  in  pursuance  of  the  provisions  of  this  act  unless 
the  publishers  thereof  shall  have  first  filed  with  the  county  su- 
perintendent of  public  instruction  a  guaranty  of  its  price,  qual- 
ity and  permanence  of  supply  for  five  years,  together  with  a 
good  and  sufficient  bond  for  the  faithful  compliance  with  said 
guaranty,  conditioned  in  such  sum  as  the  county  text-book 
board  may  determine  and  approve.  (Laws  1885,  ch.  171,  sec. 
5.) 

SEC.  128.  Shall  Furnish  Each  School  District  a  List.  [5869.] 
The  county  superintendent  of  public  instruction  shall  be  ex  offi- 
cio  chairman  of  said  county  text-book  board,  and  shall  furnish 
each  school  district  a  list  of  the  text-books  selected  and  pre- 
scribed in  pursuance  of  the  provisions  of  this  act,  which  list 
shall  be  posted  by  the  district  clerks  in  their  respective  school- 
houses  ;  and  said  list  shall  comprise  the  only  legal  text-books 
for  the  schools  of  said  county,  and  it  is  hereby  required  of  the 
school  board  to  conform  to  the  said  lists  in  the  text-books  pre- 
scribed for  use  in  their  schools.  (Laws  1885,  ch.  171,  sec.  6.) 

SEC.  129.  Once  in  Every  Five  Years.  [5870.]  A  county  text- 
book board  may  be  elected  once  in  every  five  years  in  each 
county,  in  the  manner  prescribed  in  this  act,  whose  powers  and 
duties  shall  be  the  same  as  those  hereinbefore  enumerated.46' 
(Laws  1885,  ch.  171,  sec.  7.) 

SEC.  130.  Cities  of  the  First  and  Second  Class  May.  [5871. J 
Any  cities  of  the  first  and  second  class  are  hereby  exempted! 
from  the  provisions  of  this  act,  except  that  any  such  city  may,, 

46  County  Uniformity,  after  having  once  been  adopted,  continues  in  force 
until  the  expiration  of  five  years  and  until  another  vote  is  taken  upon  the  sub- 
ject; and  when  the  county  uniformity  text-book  board  meets  and  adopts  a  series 
of  books,  their  power  ceases,  and  the  series  so  adopted  must  be  kept  in  use  for  a 
period  of  not  less  than  five  years.  At  the  expiration  of  the  five  years,  or  at  any 
annual  meeting  thereafter,  a  vote  may  be  taken  in  the  several  districts  of  the 
county  upon  the  question  of  county  uniformity  as  originally  voted  upon.  If  a 
majority  of  all  the  districts  in  the  county  vote  in  favor  of  county  uniformity,  then 
a  new  text-book  board  must  be  elected,  as  provided  for  in  the  law.  Should  the 
vote  of  a  majority  of  all  the  districts  in  the  county  be  against  county  uniformity, 
then  the  existing  uniformity  is  at  an  end.  The  county  superintendent,  however, 
has  no  power  to  require  this  vote,  nor  to  cause  another  text-book  board  to  be 
elected.  Should  there  not  be,  as  shown  by  the  vote,  a  majority  of  the  districts 
either  for  or  against  county  uniformity,  or  should  there  be  no  vote  upon  the  sub- 
ject, then  the  existing  county  uniformity  continues  in  force. 


52  SCHOOL    LAWS    OP    KANSAS. 

by  a  vote  of  its  board  of  education,  decide  to  join  in  a  uniform- 
ity of  text-books  with  the  county  in  which  such  city  is  situated  ; 
and  so  deciding,  such  city  shall  be  represented  on  the  county 
text-book  board,  as  provided  in  section  2  of  this  act.  (Laws 
1885,  ch.  171,  sec.  8.) 

SEC.  131.  When  Change  May  be  Made.  [5872.]  When  a 
uniformity  of  text-books  shall  be  adopted  in  any  county  in 
pursuance  of  the  provisions  of  this  act,  no  change  shall  be 
made  in  such  county  for  a  period  of  five  years  from  the  date  of 
such  adoption  of  any  particular  series  of  text-books  ;  but  no 
member  of  any  board  of  education,  school  board,  or  text-book 
board,  and  no  teacher  while  employed  in  teaching,  shall  act  as 
agent  for  any  author,  publisher,  or  bookseller ;  nor  shall  any 
member  of  said  boards,  or  any  of  them,  or  any  employed 
teacher,  directly  or  indirectly,  receive  any  gift,  emolument  or 
reward  for  his  or  her  influence  in  recommending  or  introducing 
any  book,  school  apparatus  or  furniture  of  any  kind  whatever ; 
and  any  member  of  either  of  said  boards,  and  any  teacher,  who 
shall  violate  any  of  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished 
as  provided  in  section  2  of  chapter  157  of  the  Laws  of  1879. 
(Laws  1885,  ch.  171,  sec.  9,) 

SEC.  132.  Penalty.  [5622.]  That  any  member  of  any  school- 
district  board  or  board  of  education  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
:and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
425  nor  more  than  $  100,  or  by  imprisonment  in  the  county  jail 
for  a  period  of  not  less  than  six  months,  or  by  both  such  fine  and 
imprisonment ;  and  any  teacher  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  liable  to  immediate  dismissal. 
(Laws  1879,  ch.  157,  sec.  2.) 

SEC.  133.  Disposition  of  Fines.  [5623.]  All  fines  collected 
for  any  violation  of  this  act  shall  be  paid  to  the  treasurer  of  the 
county  where  the  suit  is  brought,  for  the  support  of  common 
schools.  (Laws  1879,  ch.  157,  sec.  3.) 


SCHOOL    LAWS    OF    KANSAS. 


53 


ARTICLE    IX. 


COUNTY  HIGH   SCHOOLS. 


§134.   What  counties  may  establish. 

135.  Election,  how  called. 

136.  County  commissioners  shall  canvass  vote, 

etc.,  and  appoint  trustees. 

137.  Trustees  elected,  when  and  how. 

138.  Officers  of  the  board  of  trustees ;  quorum 

for  transaction  of  business. 

139.  Estimate  of  funds,  when  made ;  tax  shall 

not  exceed  six  mills. 

140.  Tax  levied,  collected,  and  paid  out,  how. 

141.  Duties  of  treasurer  and  secretary  of  high 

school. 

142.  Site  to  be  selected  and    purchased  by 

board  of  trustees ;  may  lease  suitable 
buildings. 

143.  Principal  and  assistant  teachers  to  be 

employed  by  board  of  trustees. 

144.  Three  courses  of  study  shall  be  provided. 

145.  Tuition;    rules    and    regulations    to  be 

adopted  by  the  board  of  trustees. 


§146.  Vacancies    may    be    filled    from    other 
counties,  when. 

147.  Principal  shall  make  rules  and  regula- 

tions for  government  of  school. 

148.  Rights  and  privileges  of  those  gradua- 

ting from  normal  course. 

149.  Report  of  trustees  to  board  of  county 

commissioners. 

150.  Vacancies  in   board  of    trustees,    how 

filled. 

151.  Salary  of  trustees. 

152.  May  be  established  at  county-seats. 

153.  Course  of  study. 

154.  Privileges  of  graduation. 

155.  May  employ  teachers. 

156.  Free  to  pupils  in  the  county. 

157.  Petition  or  election. 

158.  High-school  tuition. 

159.  County  treasurer  collect  taxes. 


SECTION  134.  What  Counties.  [5874.]  Each  county  having  a 
population  of  6000  inhabitants  or  over,  as  shown  by  the  last 
state  or  federal  census,  may  establish  a  county  high  school  on 
the  conditions  and  in  the  manner  hereinafter  prescribed,  for  the 
purpose  of  affording  better  educational  facilities  for  pupils  more 
advanced  than  those  attending  district  schools,  and  for  persons 
who  desire  to  fit  themselves  for  the  vocation  of  teaching. 
(Laws  1886,  ch.  147,  sec.  1.) 

SEC.  135.  Election.  [5875.]  When  one-third  of  the  electors 
of  a  county,  as  shown  by  the  returns  of  the  last  preceding  elec- 
tion, shall  petition  the  board  of  county  commissioners  request- 
ing that  a  county  high  school  be  established  in  their  county  at 
a  place  in  the  said  petition  named,  or  whenever  the  said  county 
commissioners  shall  at  their  discretion  think  proper,  they  shall 
give  20  days'"  notice  previous  to  the  next  general  election,  or 
previous  to  a  special  election  called  for  that  purpose,  that  they 
will  submit  the  question  to  the  electors  of  said  county  whether 
such  high  school  shall  be  established,  and  at  the  place  specified, 
at  which  election  the  electors  of  the  county  shall  vote  by  ballot 
for  or  against  establishing  such  high  school.  The  notice  con- 


54  SCHOOL    LAWS    OF    KANSAS. 

templated  in  this  section  shall  be  given  as  are  all  legal  notices 
of  a  general  or  of  a  special  election.  ( Laws  1886,  ch.  147,  sec.  2. ) 

SEC.  136.  Board  of  Trustees.  [5876.]  After  said  election, 
the  ballots  on  said  question  shall  be  canvassed  in  the  same 
manner  as  in  the  election  for  county  officers,  and  if  a  majority 
of  all  the  votes  case  shall  be  in  favor  of  establishing  such  high 
school,  the  county  commissioners  shall  immediately  proceed  to 
appoint  six  persons,  who  shall  be  residents  and  freeholders  of 
the  county,  but  not  more  than  two  of  whom  shall  be  residents 
of  the  same  township  or  city,  who  shall,  with  the  county  super- 
intendent of  instruction,  constitute  a  board  of  trustees  for  said 
school.  Each  of  said  trustees  appointed  as  aforesaid  shall  hold 
his  office  until  his  successor  is  elected  and  qualified,  and' shall 
be  required,  within  10  days  after  appointment,  to  qualify  by 
taking  the  usual  oath  of  office,  and  by  giving  such  bond  as  may 
be  required  by  said  county  commissioners  for  the  faithful  dis- 
charge of  his  duties.  (Laws  1886,  ch.  147,  sec.  3.) 

SEC.  137.  Trustees  Elected,  When.  [5877.]  At  the  next 
general  election  after  said  appointment  there  shall  be  elected  in 
-said  county  six  high-school  trustees,  who  shall  be  divided  into 
1;hree  classes  of  two  each,  the  term  of  office  of  each  class  to  be 
one,  two  and  three  years,  respectively,  the  respective  terms  to 
be  decided  by  lot.  Each  year  thereafter  there  shall  be  two 
such  trustees  elected  to  succeed  those  whose  term  is  about  to 
expire.  Said  trustees  shall  qualify  and  enter  upon  the  duties 
of  their  office  in  the  same  manner  and  at  the  same  time  as 
other  county  officers.  (Laws  1886,  ch.  147,  sec.  4.) 

SEC.  138.  President,  Secretary,  and  Treasurer.  [5878.]  The 
county  superintendent  shall,  by  virtue  of  his  office,  be  presi- 
dent of  said  board  of  trustees.  At  their  first  meeting  in  each 
year  they  shall  appoint  from  their  own  number  a  secretary  and 
treasurer,  who  shall  perform  the  usual  duties  devolving  upon 
such  officers,  and  shall  hold  office  for  one  year,  or  until  their 
successors  are  appointed  and  qualified.  Said  treasurer  shall 
give  such  additional  bond  as  the  county  commissioners  shall 
deem  sufficient.  A  majority  of  said  board  shall  constitute  a 
quorum  for  the  transaction  of  all  business,  but  four  votes  shall 
be  required  to  decide  any  question.  (Laws  1886,  ch.  147,  sec.  5.) 

SEC.  139.  Teachers'  Wages.  [5879.]  At  said  first  meeting, 
or  at  some  succeeding  meeting  called  for  such  purpose,  said 


SCHOOL    LAWS    OF    KANSAS.  55 

trustees  shall  make  an  estimate  of  the  amount  of  funds  needed 
for  building  purposes,  for  payment  of  teachers'  wages,  and  for 
payment  of  contingent  expenses,  and  they  shall  present  to  the 
board  of  county  commissioners  a  certified  estimate  of  the  rate 
of  tax  required  to  raise  the  amount  desired  for  such  purpose. 
But  in  no  case  shall  the  tax  for  such  purpose  exceed  in  one  year 
the  amount  of  six  mills  on  the  dollar  on  the  taxable  property  of 
the  county ;  and  when  the  tax  is  levied  for  the  payment  of 
teachers'  wages  and  for  contingent  expenses  only,  it  shall  not 
exceed  three  mills  on  the  dollar.  (Laws  1886,  ch.  147,  sec.  6.) 

SEC.  140.  Taxes  Levied  and  Collected.  [5880.]  Said  tax  shall 
be  levied  and  collected  in  the  same  manner  as  other  county 
taxes,  and  when  collected  the  county  treasurer  shall  pay  the 
same  to  the  treasurer  of  the  county  high  school,  in  the  same 
manner  that  school  funds  are  paid  to  the  district  treasurers,  as 
required  by  law.  (  Laws  1886,  ch.  147,  sec.  7.) 

SEC.  141.  Duties  of  Officers.  [5881.]  The  said  treasurer  of 
the  high  school  shall  receive  from  the  county  treasurer,  and 
from  other  parties,  all  moneys  that  belong  to  the  funds  of  said 
school,  and  shall  pay  out  the  same  only  by  direction  of  the 
board  of  trustees,  upon  orders  duly  signed  by  the  president  and 
countersigned  by  the  secretary,  stating  the  purpose  for  which 
they  were  drawn.  Both  the  secretary  and  treasurer  shall  keep 
an  accurate  account  of  all  moneys  received  and  expended  for 
said  school,  and  at  the  close  of  each  year,  or  oftener  if  required 
by  the  board  of  trustees,  they  shall  make  a  full  statement  of  the 
financial  affairs  of  the  school.  (Laws  1886,  ch.  147,  sec.  8.) 

SEC.  142.  Locate  Site  and  Lease  Buildings.  [5882.]  The  said 
board  of  trustees  shall  proceed,  as  soon  as  practicable  after  the 
appointment  as  aforesaid,  to  select,  at  the  place  determined  by 
the  vote  of  the  county,  the  best  site  that  can  be  obtained  with- 
out expense  to  the  county,  and  the  title  thereof  shall  be  vested 
in  the  said  county  ;  they  shall  then  proceed  to  make  purchases 
of  material,  and  to  let  such  contracts  for  their  necessary  school 
buildings  as  they  may  deem  proper,  but  shall  not  make  any  pur- 
chase or  contract  in  any  year  to  exceed  the  amount  on  hand,  and 
to  be  raised  by  the  levy  of  tax  for  that  year.  The  board  of  trus- 
tees, at  their  discretion,  may  lease  suitable  buildings  for  the  use 
of  the  high  school  while  new  buildings  are  in  process  of  erec- 


56  SCHOOL    LAWS    OF    KANSAS. 

tion,  the  rent  to  be  paid  by  the  fund  created  by  the  levy  for 
high-school  purposes.  (Laws  1886,  ch.  147,  sec.  9.) 

SEC.  143.  Employ  Principal.  [5883.]  When  such  board  of 
trustees  shall  have  finished  a  building  for  said  school,  they  shall 
employ  some  suitable  person,  who  shall  take  charge  of  the  same 
and  teach  in  the  same,  and  shall  be  known  as  the  principal  of 
such  school ;  and  the  trustees  shall  furnish  such  assistant  teach- 
ers as  they  deem  necessary,  and  shall  provide  for  their  salaries. 
(Laws  1886,  ch.  147,  sec.  10.) 

SEC.  144.  Courses  of  Instruction.  [5884.]  There  shall  be  pro- 
vided three  courses  of  instruction,  each  requiring  three  years' 
study  for  completion,  namely,  a  general  course,  a  normal  course, 
and  a  collegiate  course.  The  general  course  shall  be  designed 
for  those  who  cannot  continue  school  life  after  leaving  said  high 
school.  The  normal  course  shall  be  designed  for  those  who  in- 
tend to  become  teachers,  and  shall  fully  prepare  any  who  wish 
to  enter  the  first  year  of  professional  work  at  the  state  normal 
school.  The  collegiate  course  shall  fully  prepare  those  who 
wish  to  enter  the  freshman  class  of  the  state  university,  or  of 
the  state  agricultural  college,  or  of  any  other  institution  of 
higher  learning  in  this  state*  Whenever  practicable,  students 
in  these  courses  shall  recite  in  the  same  classes.  Students  in 
the  last  year  of  the  normal  course  may  be  employed  for  a  por- 
tion of  their  time  in  teaching  the  pupils  of  the  first  year  in  any 
course,  and  model  schools  shall  be  encouraged.  (Laws  1886, 
ch.  147,  sec.  11.) 

SEC.  145.  Tuition  and  Admission.  [5885.]  Tuition  shall  be 
free  to  all  pupils  residing  in  the  county  where  the  school  is  lo- 
cated. The  board  of  trustees  shall  make  such  general  rules  and 
regulations  as  they  may  deem  proper  in  regard  to  age  and  grade 
of  attainments  essential  to  entitle  pupils  to  admission  to  such 
school :  Provided,  That  no  person  shall  be  admitted  to  such  high 
school  who  shall  not  have  passed  a  satisfactory  examination  in 
all  the  work  of  the  district  schools  of  the  county  in  which  such 
high  school  is  situated.  If  there  should  be  more  applicants 
than  can  be  accommodated  at  any  one  time,  each  district  shall 
be  entitled  to  send  its  equal  proportion  of  pupils,  according  to 
the  number  of  pupils  it  may  have,  as  shown  by  the  last  report 
to  the  county  superintendent  of  public  instruction  ;  and  the 
boards  of  the  respective  school  districts  shall  designate  suchpu- 


SCHOOL    LAWS    OF    KANSAS.  57 

pils  as  may  attend,  subject  to  the  proviso  above.    (Laws  1886, 
ch.  147,  sec.  12.) 

SEC.  146.  Non-resident  Pupils.  [5886.]  If  at  any  time  the 
school  can  accommodate  more  pupils  than  apply  for  admission 
from  that  county  in  which  the  school  is  situated,  the  vacancies 
may  be  filled  by  applicants  from  other  counties,  upon  the  pay- 
ment of  such  tuition  as  the  board  of  trustees  may  prescribe,  but 
at  no  time  shall  such  pupils  continue  in  such  school  to  the  ex- 
clusion of  pupils  residing  in  the  county  in  which  such  school  is 
situated.  (  Laws  1886,  ch.  147,  sec.  13.) 

SEC.  147.  Rules  and  Regulations.  [5887.]  The  principal  of 
any  such  high  school,  with  the  approval  of  the  board  of  trus- 
tees, shall  make  such  rules  and  regulations  as  he  may  deem 
proper  in  regard  to  the  studies,  conduct  and  government  of  the 
pupils  under  his  charge  ;  and  if  any  such  pupil  will  not  conform 
to  nor  obey  the  rules  of  the  school,  they  may  be  suspended  or 
expelled  therefrom  by  the  board  of  trustees.  (Laws  1886,  ch. 
147,  sec.  14.) 

SEC.  148.  Privileges  of  Graduates.  [5888.]  Those  graduating 
from  the  normal  course  in  the  county  high  school  shall  be  en- 
titled to  a  teachers'  second-grade  certificate,  and  shall  be  ad- 
mitted to  the  first  year  of  professional  work  at  the  state  normal 
school  without  further  examination  ;  and  those  graduating  from 
the  collegiate  course  shall  be  entitled  to  admission  to  the  fresh- 
man class  of  the  state  university,  and  of  the  state  agricultural 
college,  without  further  examination.  (Laws  1886,  ch.  147,  sec. 
15.) 

SEC.  149.  Report  of  Trustees.  [5889.]  The  board  of  trustees 
shall  .annually  make  a  report  to  the  county  commissioners, 
which  shall  specify  the  number  of  students  attending  the  high 
school  during  the  year,  their  sex,  and  the  branches  taught,  the 
text-books  used,  the  number  of  teachers  employed,  the  salaries 
paid,  the  amounts  expended  respectively  for  library,  apparatus, 
buildings,  and  for  all  other  purposes  ;  also  the  amount  of  funds 
on  hand,  the  debts  unpaid,  if  any ;  the  amounts  due,  if  any  ; 
and  all  other  information  deemed  important  or  expedient  to 
report.  Said  report  shall  be  printed  in  at  least  one  newspaper 
of  the  county,  if  any  is  published  therein,  and  a  copy  of  the 
report  shall  be  forwarded  to  the  state  superintendent  of  public 
instruction.  (Laws  1886,  ch.  147,  sec.  16.) 


58  SCHOOL    LAWS    OF    KANSAS. 

SEC.  150.  Vacancies.  [5890.]  The  county  commissioners 
shall  have  power  to  fill  any  vacancies  that  may  occur  in  the 
board  of  trustees  for  that  county,  by  appointment  until  the 
next  general  election.  (Laws  1886,  ch.  147,  sec.  17.) 

SEC.  151.  Compensation.  [5891.]  The  county  commission- 
ers shall  allow  each  member  of  the  board  of  trustees  the  sum  of 
$2  per  day  for  the  time  actually  employed  in  the  discharge  of 
his  official  duties,  and  when  such  accounts  are  presented  for 
payment  they  shall  be  audited  and  paid  out  of  the  county 
treasury  in  the  same  manner  as  other  accounts  against  the 
county.  Said  trustees  shall  not  be  entitled  to  any  other  re- 
muneration for  services  and  expenses.  (Laws  1886,  ch.  147, 
sec.  18.) 

SEC.  152.  May  be  Established  at  County -seat.  [Laws  1897,  ch. 
180,  sec.  1.]  The  county  commissioners  of  any  county  of  Kan- 
sas having  a  population  of  less  than  2,500  be  and  they  are 
hereby  authorized  to  negotiate  with  the  school  districts  at  the 
county-seat  of  such  county  for  the  establishment  of  a  county 
high  school. 

SEC.  153.  Course  of  Study.  [Laws  1897,  ch.  180,  sec.  2.] 
Such  county  high  schools  when  established  shall  adopt  a  course 
of  study  to  be  prescribed  by  the  state  board  of  education. 

SEC.  154.  Privileges  of  Graduation.  [Laws  1897,  ch.  180, 
sec.  3.]  Upon  the  presentation  of  a  certificate  of  graduation 
from  any  such  county  high  school,  within  one  year  from  the 
date  of  the  same,  to  any  state  institution  of  learning,  the  person 
presenting  the  same  may  be  admitted  without  further  examina- 
tion to  said  institution  of  learning. 

SEC.  155.  May  Employ  Teachers.  [Laws  1897,  ch.  180,  sec. 
4.]  For  the  purpose  of  carrying  this  act  into  effect,  the  boards 
of  county  commissioners  in  such  counties  may  employ  such 
number  of  teachers  in  addition  to  those  regularly  employed  by 
the  district  at  the  county -seat  as  shall  in  their  judgment  be 
necessary  for  the  purpose  of  conducting  such  schools,  and  pay 
such  teachers  from  the  general  fund  of  the  county. 

SEC.  156.  Free  to  Pupils  in  the  County.  [Laws  1897,  ch.  180, 
sec.  5.]  Such  county  high  schools  shall  be  free  to  all  persons 
of  school  age  in  their  respective  counties. 


SCHOOL    LAWS    OP    KANSAS.  59 

SEC.  157.  Petition  or  Election.  [Laws  1897,  ch.  180,  sec. 
6.]  No  county  high  school  as  herein  provided  for  shall  be 
established  except  upon  a  petition  signed  by  a  majority  of  the 
electors  of  the  county,  or  pursuant  to  an  election  held  in  such 
county  for  the  purpose  of  voting  upon  the  question  of  establish- 
ing such  county  high  schools. 

SEC.  158.  High-school  Tuition.  [Laws  1899,  ch.250,  sec.  1.] 
That  all  school  districts  located  in  counties  not  maintaining  a 
county  high  school  are  hereby  authorized,  at  each  annual  meet- 
ing of  the  several  school  districts,  to  levy,  in  the  manner  pro- 
vided by  law  for  the  levying  of  other  taxes,  a  tax  sufficient  to 
pay  in  full  the  tuition  in  a  high  school  in  the  county  or  any 
adjoining  county  in  which  said  district  is  located  of  each  and 
every  scholar  whose  parents  or  guardians  are  actually  residing 
in  said  districts  in  good  faith  at  the  date  of  such  annual  meeting 
who  shall  desire  to  attend  said  high  school  during  the  next  en- 
suing school  year ;  the  number  of  such  scholars  to  be  ascer- 
tained and  determined  by  the  clerk  of  said  district  immediately 
prior  to  the  holding  of  the  annual  meeting  of  said  district. 

SEC.  159.  County  Treasurer  Collect  Taxes.  [Laws  1899,  ch. 
250,  sec.  2.]  The  taxes  provided  for  in  section  1  of  this  act 
shall  be  paid  to  the  county  treasurer  of  the  various  counties  as 
other  taxes  are  paid,  and  when  so  collected  shall  be  turned  over 
to  the  school-district  treasurer  and  receipted  for  by  him  as  other 
school  moneys,  and  he  shall  keep  separate  accounts  of  such 
funds,  and  shall  pay  the  same  out  for  the  purposes  mentioned 
in  this  act  upon  the  same  terms  and  conditions  as  other  school- 
district  moneys  are  paid  out. 


60 


SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  X. 


NORMAL  INSTITUTES. 


§160.   Normal  institutes  to  be  held  annually. 

161.  Conductors  and  instructors;  certificate 

of  special  qualifications  required. 

162.  Normal-institute  fund,  how  raised ;  each 

candidate  for  a  teacher's  certificate 
shall  pay  a  fee  of  one  dollar. 

163.  County  treasurer  custodian  of  funds. 

164.  County  superintendent   shall    transmit 

funds  to  county  treasurer. 


§165.  State  superintendent  of  public  instruc- 
tion shall  certify  to  state  auditor  the 
number  of  persons  enrolled  in  each  in- 
stitute; auditor  shall  issue  order  on 
state  treasurer  for  $50. 

166.  Institute  fund,  how  disbursed. 

167.  County    superintendent    shall    execute 

bond. 

168.  Union  institutes,  how  formed ;  custodian 

of  fund. 


SECTION  160.  Normal  Institutes.  [5655.]  The  county  super- 
intendents of  public  instruction  shall  hold  annually,  in  their 
respective  counties,  for  a  term  of  not  less  than  four  weeks,  a  nor- 
mal institute  for  the  instruction  of  teachers  and  those  desiring 
te  teach  :  Provided,  That  in  the  sparsely  settled  portions  of  the 
state,  two  or  more  counties  may  be  united  in  holding  one  nor- 
mal institute,  as  hereinafter  provided.  (Laws  1877,  ch.  136, 
sec.  1.) 

SEC.  161.  Conductor  and  Instructors.  [5656.]  The  county  su- 
perintendent of  public  instruction,  with  the  advice  and  consent 
of  the  state  superintendent  of  public  instruction,  shall  determine 
the  time  and  place  of  holding  such  normal  institutes,  and  shall 
select  a  conductor  and  instructors  for  the  same  :  Provided,  That 
no  person  shall  be  paid  from  the  institute  funds  for  services  as 
conductor  or  instructor  of  said  institutes  who  has  not  received 
a  certificate  from  the  state  board  of  examiners  as  to  his  special 
qualifications  for  that  work.  (Laws  1877,  ch.  136,  sec.  2.) 

SEC.  162.  Normal-Institute  Fund.  [5657.]  To  defray  the  ex- 
penses of  said  institute,  the  county  superintendent  shall  require 
the  payment  of  a  fee  of  $1  from  each  candidate  for  a  teacher's 
certificate,47  and  the  payment  of  $1  registration  fee  for  each  per- 
son attending  the  normal  institute  ;  and  the  board  of  county 
commissioners  may  appropriate,  as  may  by  them  be  deemed 
necessary,  for  the  further  support  of  such  institutes  :  Provided, 

47  The  county  superintendent  must  require  the  payment  of  a  fee  of  $1  from 
each  candidate  for  a  teacher's  certificate.  This  fee  should  be  collected  in  ad- 
vance, and  it  cannot  be  returned  to  the  unsuccessful  applicant. 


SCHOOL    LAWS    OF    KANSAS.  61 

Such  appropriation  does  not  in  any  one  year  exceed  the  sum  of 
$100.      (Laws  1877,  ch.  136,  sec.  3.) 

SEC.  163.  Custodian.  [5658.]  The  fund  thus  created  shall 
be  designated  the  "normal-institute  fund/'  and  the  county 
treasurer  shall  be  the  custodian  of  said  fund.  (Laws  1877,  ch. 
136,  sec.  4.) 

SEC.  164.  Monthly  Reports.  [5659.]  The  county  superin- 
tendent shall,  monthly,  and  at  the  close  of  each  institute,  trans- 
mit to  the  county  treasurer  all  moneys  received  by  him,  as 
provided  in  section  3,48  together  with  the  name  of  each  person 
so  contributing,  and  the  amount ;  and  the  county  treasurer  shall 
place  all  such  moneys  to  the  credit  of  the  "normal-institute 
fund."  (Laws  1877,  ch.  136,  sec.  5.) 

SEC.  165.  State  Aid.  [5660.]  It  shall  be  the  duty  of  the 
state  superintendent  of  public  instruction,  annually,  when  50 
persons  have  registered  as  members  of  any  normal  institute  or- 
ganized under  the  provisions  of  this  act  and  have  paid  the  re- 
quired registration  fee,  to  certify  the  same  to  the  auditor  of 
state,  who  shall  forward  to  the  county  treasurer  of  said  county 
an  order  on  the  treasurer  of  the  state  for  the  sum  of  $50,  to  be 
paid  out  of  any  money  appropriated  for  that  purpose ;  which 
amount  the  county  treasurer  shall  place  to  the  credit  of  the 
"normal  institute  fund."  And  the  sum  of  $3,000,  or  so  much 
thereof  as  may  be  required,  is  hereby  appropriated  for  the  pur- 
poses herein  named,  for  the  fiscal  year  ending  June  30,  1878, 
and  the  same  amount  for  the  fiscal  year  ending  June  30,  1879, 
(Laws  1877,  ch.  136,  sec.  6.) 

SEC.  166.  Disbursements.  [5661.]  All  disbursements  of  the 
"normal-institute  fund"  shall  be  upon  the  order  of  the  county 
superintendent,  and  no  orders  shall  be  drawn  on  said  fund  ex- 
cept for  claims  approved  by  the  county  superintendent,  for 
services  rendered  or  expenses  incurred  in  connection  with  the 
normal  institutes.49  (Laws  1877,  ch.  136,  sec.  7.) 

SEC.  167.  Bond.  [5662.]  Each  county  superintendent  of 
public  instruction  shall,  immediately  after  the  passage  of  this 

48  Section  162  of  this  book. 

49  See  also  section  161.     It  is  unlawful  for  the  county  treasurer  to  pay  an 
order  on  the  "normal-institute  fund"  drawn  "for  services  rendered,"  in  favor  of 
any  person  not  holding  the  certificate  of  the  state  board  of  education  for  institute 
work. 


62  SCHOOL    LAWS    OF    KANSAS. 

act,  and  hereafter,  before  entering  upon  the  duties  of  his  office, 
execute  a  bond  to  the  state  of  Kansas  in  the  sum  of  $1000, 
with  one  or  more  sureties,  conditioned  for  the  faithful  perform- 
ance of  his  duties,  which  bond  shall  be  approved  by  the  county 
clerk  and  filed  in  his  office.  (Laws  1877,  ch.  136,  sec.  8.) 

SEC.  168.  Union  Institutes.  [5663. J  Two  or  more  counties, 
each  having  less  than  3000  inhabitants,  may  be  united  in 
holding  one  normal  institute,  with  the  consent  and  by  the 
direction  of  the  state  superintendent  of  public  instruction : 
Provided,  That  the  several  county  superintendents  of  the  coun- 
ties thus  uniting  shall  choose  one  of  their  number  to  act  for 
them  in  determining  the  time  and  place  of  holding  the  normal 
institute,  and  in  selecting  a  conductor  and  instructors  for  the 
same,  as  provided  in  section  2  : 50  And  provided,  That  the  person 
thus  chosen  shall  draw  all  orders  upon  the  "  normal-institute 
fund,"  as  provided  in  section  7  :51  And  provided,  That  the  treas- 
urer of  the  county  in  which  such  normal  institute  is  held  shall  be 
the  custodian  of  the  "  normal -institute  fund,"  to  whom  the  state 
and  county  appropriation  for  the  benefit  of  the  normal  institute 
shall  be  transmitted,  and  to  whom  the  several  county  superin- 
tendents of  the  counties  thus  uniting  shall  transmit  the  fees  col- 
lected, as  provided  in  section  3.52  (Laws  1877,  ch.  136,  sec.  9.) 

50  Section  161  of  this  book. 

51  Section  166  of  this  book. 

52  Section  162  of  this  book. 


SCHOOL    LAWS    OF   KANSAS. 


63 


ARTICLE  XI. 


CERTIFICATES. 


§169.  State  board  of  education. 

170.  Meetings  of  board. 

171.  Approval  of  course  of  study. 

172.  Examination  in  professional  subjects. 

173.  Certificates  issued. 

174.  Other  institutions  entitled  to  credits. 

175.  Examination  in  common  branches. 

176.  Examinations  at  approved  institutions. 

177.  Credits  may  be  refused,  when. 

178.  Certificates  from  other  states  recognized. 

179.  Certificates  void,  when. 

180.  Certificates  canceled,  when. 

181.  Graduates  of  state  university. 

182.  Graduates  of  other  colleges. 

183.  Graduates  of  normal  schools. 

184.  Renewal. 


§185.  County  board  of  examiners,  how  consti- 
tuted ;  qualifications  and  appointment. 

186.  Public  examinations ;  notice  of  same. 

187.  Uniform  examinations. 

188.  State  superintendent  shall  forward  ques- 

tions, when. 

189.  Grades  of  certificates ;  first,  second,  and 

third. 

190.  First  grade ;  to  whom  issued. 

191.  Second  grade;  to  whom  issued. 

192.  Temporary  certificate. 
192a.  Examination. 

193.  County  certificates  of  force,  where ;  may 

be  revoked,  for  what  causes. 

194.  Examination  of  teachers  in  physiology 

and  hygiene. 
194a.   State  normal  school  certificate. 


SECTION  169.  State  Board  of  Education.  [Laws  1893,  ch.  132, 
sec.  1.]  There  shall  be  a  state  board  of  education,  consisting  of 
the  state  superintendent  of  public  instruction,  the  chancellor  of 
the  state  university,  the  president  of  the  state  agricultural  col- 
lege, the  president  of  the  state  normal  school,  and  three  others 
to  be  appointed  by  the  governor  by  and  with  the  consent  and 
advice  of  the  senate,  selected  from  among  those  engaged  in 
school  work  in  the  schools  of  the  state.  The  three  thus  ap- 
pointed by  the  governor  shall  hold  their  office  for  a  term  of  two 
years,  or  until  their  successors  are  duly  appointed  and  qualified. 
The  state  board  of  education  thus  constituted  are  hereby  author- 
ized and  empowered  to  issue  state  diplomas  to  such  professional 
teachers  as  may  be  fonnd,  upon  critical  examination,  to  possess 
the  requisite  scholarship  and  culture  and  who  may  also  exhibit 
satisfactory  evidence  of  unexceptionable  moral  character  and 
of  eminent  professional  experience  and  ability,  and  who  have 
taught  for  two  years  in  the  state.  All  such  diplomas  shall  be 
countersigned  by  the  state  superintendent  of  public  instruction, 
and  shall  supersede  the  necessity  of  any  and  all  other  examina- 
tions of  the  person  holding  the  same  by  county,  city  or  local 
boards  of  examiners,  and  such  diplomas  shall  be  valid  in  any 
county,  city,  town  or  school  district  in  the  state  during  the  life- 


64  SCHOOL    LAWS    OF    KANSAS. 

time  of  the  holder,  unless  revoked  by  the  state  board  of  educa- 
tion. 

SEC.  170.  Meetings  of  Board.  [Laws  1893,  ch.  132,  sec.  2.] 
The  state  board  of  education  shall  meet  at  such  times  and 
places  as  by  them  may  be  deemed  necessary,  and  transact  such 
business  as  may  legally  come  before  them,  and  examine  all  ap- 
plicants who  may  present  themselves  for  such  examination  ; 
and,  if  satisfied  with  the  scholarship,  culture  and  moral  char- 
acter of  the  applicant  and  with  his  professional  attainments 
and  experience,  said  board  shall  issue  a  state  diploma,  or  cer- 
tificate, as  the  case  may  be,  in  accordance  with  such  examina- 
tion and  the  provisions  of  this  act.  The  auditor  of  state  is 
hereby  authorized  to  issue  warrants  upon  the  state  treasurer 
against  any  funds  not  otherwise  appropriated,  for  the  actual 
expenses  of  the  members  of  said  board  of  education  incurred  in 
attending  the  meetings  or  examinations  provided  for  in  this 
act,  except  for  the  examinations  as  specified  in  section  8  of  this 
act  :53  Provided,  In  each  case,  that  said  warrant  shall  issue  only 
upon  the  statement  verified  by  affidavit  of  the  member  sub- 
mitting such  account,  and  approved  by  the  secretary  of  said 
board  of  education  :  Provided,  also,  That  the  sum  total  of  said 
expenses  of  the  board  shall  not  exceed  $300  per  annum. 

SEC.  171.  Approval  of  Course  of  Study.  [5653.]  Upon  the 
application  of  any  college,  university  or  educational  institution 
of  like  standing,  incorporated  under  the  general  laws  of  the 
state  of  Kansas,  the  state  board  of  education  shall  have  the 
power  to  examine  the  course  of  study  prescribed  and  the  char- 
acter of  the  work  done  by  it,  and  if,  in  the  judgment  of  said 
board,  it  shall  prove  to  have  as  efficient  course  of  study  as  the 
four-years  courses  of  study  in  the  state  normal  school,  the  said 
state  board  of  education  shall  have  power  to  accept  grade  given 
on  academic  subjects  completed  in  course  and  passed  in  regular 
examination  to  persons  who  are  graduates  of  or  may  hereafter 
graduate  from  such  institution,  in  lieu  of  the  examinations  on 
the  same  subjects  required  for  the  state  certificate  which  said 
board  is  empowered  to  give  by  sections  1  and  2  of  this  act,54  and 
section  8  of  article  6,  chapter  122,  Laws  of  1876.  (Laws  1893, 
ch.  132,  sec.  3.) 

53  Section  176  of  this  book. 

54  Sections  169  and  170  of  this  book. 


SCHOOL   LAWS   OF    KANSAS.  65 

SEC.  172.  Examination  upon  Professional  Subjects.  [Laws 
1893,  ch.  132,  sec.  4.]  The  board  shall  examine  all  persons 
whose  grades  are  thus  accepted,  upon  the  professional  subjects 
included  in  the  course  of  study  at  the  state  normal  school,  viz.  : 
Philosophy  of  education,  history  of  education,  school  laws, 
methods  of  teaching,  school  management,  and  upon  such  other 
subjects  as  the  regulations  of  the  board  require  upon  which 
they  are  unable  to  present  grades  as  required  in  section  3  of 
this  act.55 

SEC.  173.  Certificates  Issued.  [Laws  1893,  ch.  132,  sec.  5.] 
To  all  persons  receiving  credits  and  passing  examinations  as 
required  in  the  preceding  section,  the  state  board  of  education 
shall  issue  the  three-years  certificate  provided  for  by  the  sec- 
tions mentioned  by  the  third  section  of  this  act,55  and  at  the  ex- 
piration of  that  time,  if  the  holder  of  said  certificate  satisfies 
the  board  that  he  has  taught  successfully  at  least  two  years  out 
of  the  three,  and  has  kept  himself  well  informed  in  the  general 
literature  of  his  profession,  said  board  shall  issue  a  life  certifi- 
cate in  lieu  of  the  first  one  issued. 

SEC.  174.  Other  Institutions  Entitled  to  Credits.  [Laws  1893, 
ch.  132,  sec.  6.]  The  graduates  of  the  state  university,  the 
state  agricultural  college,  and  of  institutions  of  learning  in  any 
of  the  United  States  maintaining,  in  the  judgment  of  the  state 
board  of  education,  the  same  high  grade  of  scholarship  as  re- 
quired in  section  3  of  this  act,55  shall  be  entitled  to  similar 
credits. 

SEC.  175.  Examination  in  Common  Branches.  [Laws  1893,  ch. 
132,  sec.  7.]  When  the  examination  papers  show  a  lack  of 
knowledge  of  the  common  branches,  so-called,  viz.,  history  of 
the  United  States,  arithmetic,  grammar,  geography,  orthog- 
raphy, and  penmanship,  the  said  board  is  authorized  to  require 
the  candidate  to  pass  a  specific  examination  upon  the  same. 

SEC.  176.  Examinations  at  Approved  Institutions.  [Laws  1893, 
ch.  132,  sec.  8.]  The  state  board  of  education  is  authorized  to 
give  examinations  at  the  institutions  whose  courses  of  study  it 
approves,  each  institution  bearing  the  expenses  of  the  same. 

SEC.  177.  Credit  May  be  Refused,  When.  [Laws  1893,  ch.  132, 
sec,  9,]  When  the  said  board  satisfies  itself  that  any  institu- 

55  Section  171  of  this  book. 
-5 


66  SCHOOL   LAWS    OP   KANSAS. 

tion  is  not  maintaining  the  standard  by  which  it  received  the 
approval  of  the  board,  its  graduates  shall  not  be  entitled  to  the 
credits  provided  in  section  3.66 

SEC.  178.  Certificates  from  Other  States  Recognized.  [Laws  1893, 
ch.  132,  sec.  10.]  When  the  state  board  of  education  is  satis- 
fied that  any  resident  of  this  state,  holding  a  state  certificate 
issued  by  any  other  state  in  the  United  States,  secured  the  same 
by  passing  an  examination  equivalent  to  that  given  by  said 
board,  it  may  issue  to  said  person  the  certificate  as  provided  for 
in  section  3  of  this  act,56  without  further  examination. 

SEC.  179.  Certificates  Void,  When.  [Laws  1893,  ch.  132,  sec. 
11.]  All  life  certificates  issued  by  the  state  board  of  education 
or  by  the  regents  of  the  state  normal  school  shall  be  void  if  the 
holder  of  the  same  should  not  be  engaged  in  school  work  for 
three  consecutive  years  :  Provided,  That  certificates  may  be  re- 
newed by  the  state  board  of  education. 

SEC.  180.  Certificates  Canceled,  When.  [Laws  1893,  ch.  132, 
sec.  12.]  The  said  state  board  of  education  is  empowered  to 
cancel  any  state  certificate  which  said  board,  on  satisfactory 
proof,  finds  to  be  held  by  a  person  of  immoral  character  or 
otherwise  disqualified  for  a  teacher. 

SEC.  181.  Graduates  of  State  University.  [Laws  1899,  ch.  179, 
sec.  1.]  Any  graduate  of  the  school  of  arts  of  the  university  of 
Kansas  whose  course  of  study  shall  have  included  the  subjects 
required  for  the  teacher's  diploma  of  the  said  university  shall, 
upon  the  presentation  of  said  teacher's  diploma  of  the  said  uni- 
versity to  the  state  board  of  education,  receive  a  three-years 
certificate  to  teach  in  the  public  schools  of  this  state. 

SEC.  182.  Graduates  of  Other  Colleges.  [Laws  1899,  ch.  179, 
^ec.  2.]  Any  graduate  of  any  other  university  or  college  incor- 
porated under  the  laws  of  this  state  maintaining  a  department 
of  education  and  maintaining  the  same  or  equivalent  require- 
ments for  admission  to  the  freshman  class  as  the  university  of 
Kansas,  and  requiring  and  maintaining  a  regular  four-years 
course  thereafter  for  graduation,  and  accedited  as  such  by  the 
state  board  of  education,  shall,  upon  the  presentation  of  the  di- 
ploma of  such  university  or  college  to  the  state  board  of  education, 
receive  from  said  board  a  three-years  certificate  to  teach  in  the 

56  Section  171  of  this  book, 


SCHOOL   LAWS   OF   KANSAS.  67 

public  schools  of  this  state  ;  Provided,  That  his  course  of  study 
shall  have  included  the  subjects  required  for  the  teachers'  di- 
ploma of  the  university  of  Kansas,  as  approved  by  the  state 
board  of  education. 

SEC.  183.  Graduates  of  Normal  Schools .  [Laws  1899,  ch.  179, 
sec.  3.]  The  state  agricultural  college  and  any  educational  in- 
stitution incorporated  under  the  laws  of  the  state,  and  accredited 
by  the  state  board  of  education  as  maintaining  a  course  of  study 
including  all  the  branches  prescribed  by  law  and  required  by 
said  state  board  of  education  for  securing  a  three-years  certifi- 
cate to  teach  in  the  public  schools  of  the  state,  is  hereby  author- 
ized to  grant  a  diploma  —  the  form  of  which  shall  be  prescribed 
by  the  state  board  of  education  —  to  any  person  who  shall  com- 
plete the  above-specified  course  of  study,  which  diploma  shall 
be  accepted  by  state  board  of  education  as  authorization  for 
granting  to  the  holder  of  such  diploma  a  three-years  certificate 
to  teach  in  the  public  schools  of  the  state  of  Kansas  :  Provided, 
Said  person  shall  have  given  not  less  than  twenty  weeks  to 
practice  teaching  under  the  provision  of  the  pedagogical  de- 
partment of  said  educational  institution. 

SEC.  184.  Renewal.  [Laws  1899,  ch.  179,  sec.  4.]  Any  per- 
son holding  a  three-years  certificate  granted  in  accordance  with 
the  provisions  of  section  1  or  section  2  of  this  act*  may,  at  any 
time  within  six  months  before  or  after  its  expiration,  apply  to 
the  state  board  of  education  for  a  life  certificate,  and  if  it  shall 
appear  to  the  said  state  board  of  education  that  the  applicant  is 
of  good  moral  character,  has  taught  successfully  not  less  than 
two  years  of  the  three,  and  has  kept  himself  well  informed  in 
the  general  literature  of  his  profession,  a  life  certificate  shall 
be  issued  to  said  applicant  by  said  board  of  education  :  Pro- 
vided, That  such  life  certificate  shall  be  void  if  the  holder  thereof 
is  out  of  the  teaching  profession  for  three  consecutive  years : 
Provided,  That  life  diplomas  may  be  renewed  by  the  state  board 
of  education. 

SEC.  185.  County  Board  of  Examiners.  [5642.]  In  each 
county  there  shall  be  a  board  of  county  examiners,  composed  of 
the  county  superintendent,  who  shall  be  ex  officio  chairman  of 
the  board,  and  two  competent  persons,  holders  of  first-grade 

*  Sections  181  and  182  of  this  book, 


68  SCHOOL    LAWS   OF   KANSAS. 

certificates  or  of  state  certificates,  or  of  diplomas  from  the  state 
university,  the  state  normal  school,  or  the  state  agricultural 
college,  who  shall  be  appointed  by  the  county  commissioners  on 
the  nomination  of  the  county  superintendent,  and  shall  serve 
one  year  from  the  time  of  their  respective  appointments,  and 
each  of  whom  shall  receive  for  his  services  the  sum  of  $3  per 
day  for  not  to  exceed  three  [four]57  days  in  any  one  quarter  of 
the  year.  (Laws  1885,  ch.  175,  sec.  1.) 

SEC.  186.  Public  Examinations.  [5643.]  The  board,  two  of 
whom  shall  constitute  a  quorum,  shall,  on  the  last  Saturday  of 
January,  October,  and  April,  and  at  the  close  of  the  county 
normal  institute,  only  at  such  places  as  may  be  designated  by 
the  chairman  (who  shall  give  10  days'  notice  of  each  examina- 
tion), publicly  examine58  all  persons  proposing  to  teach  in  the 
common  schools  of  the  county  (cities  of  the  first  and  second 
class  excepted)  as  to  their  competency  to  teach  the  branches 
prescribed  by  law  ;  and  such  board  of  examiners  shall  issue  cer- 
tificates, as  hereinafter  provided,  to  all  such  applicants  as  shall 
pass  the  required  examination  and  satisfy  the  board  as  to  their 
good  moral  character  and  ability  to  teach  and  govern  schools 
successfully.  (Laws  1885,  ch.  175,  sec.  2.) 

SEC.  187.  Uniform  System  of  Examinations.  [5665.]  That 
the  state  board  of  education  is  hereby  instructed  to  prepare  a 
series  of  questions  for  each  examination,  to  be  used  in  each 
county  of  the  state  of  Kansas  for  the  examination  of  teachers  ; 
and  the  state  superintendent  is  hereby  instructed  to  procure  the 
printing  of  the  same  and  distributing  to  the  superintendents  of 

57  Members  of  the  examining  board  can  receive  pay  for  no  more  than  three 
days  in  any  one  quarter. 

58  The  awarding  of  a  certificate,  or  any  other  act  within  the  jurisdiction  of  the 
board,  must  have  duly  received,  in  the  lawful  course  of  business,  the  consent  of 
at  least  two  members  of  the  board,  in  order  to  be,  legally,  an  act  of  the  board. 
County  certificates  can  be  legally  granted  only  by  the  board. 

A  county  certificate  cannot  be  lawfully  dated  back  beyond  the  time  when  the 
county  board,  in  the  lawful  course  of  business,  actually  awarded  the  same. 

Although  county  boards  may,  by  revocation  for  cause,  abridge,  they  cannot 
lawfully  extend  the  time  during  which  a,  certificate  issued  by  them  shall  be  in 
force,  nor  renew  the  same  without  a  public  examination  of  the  holder  thereof. 

A  public  examination  is  the  only  legal  basis  for  the  issue  of  a  certificate.  It 
is  the  province  of  the  board  to  determine  the  standing  of  the  applicant  in  every 
study,  and  to  inquire  into  the  "competency"  of  the  candidate  to  teach  and  gov- 
ern a  school  successfully. 

It  is  proper  for  the  board  to  refuse  a  certificate  to  an  applicant  passing  the  nec- 
essary examination  but  not  satisfying  the  board  as  to  his  ability  to  "  teach  and 
govern  a  school  successfully," 


SCHOOL    LAWS    OF    KANSAS.  69 

the  several  counties  in  the  state,  as  hereinafter  provided.     (Laws 
1885,  ch.  180,  sec.  1.) 

SEC.  188.  Questions  Shall  be  Fonuarded.  [5666.]  The  state 
superintendent  shall  forward  all  questions  to  the  superintend- 
ents of  the  several  counties  in  the  state  of  Kansas  :  Provided, 
That  said  questions  shall  be  forwarded  in  time  to  reach  their 
destination  at  least  two  days  before  required  for  use  :  And  pro- 
vided  further,  That  said  questions  shall  not  be  opened  except  in 
the  presence  of  a  majority  of  the  examining  board  on  the  day 
and  hour  of  examinations.  (Laws  1885,  ch.  180,  sec.  2.) 

SEC.  189.  Grades  of  Certificates.  [5644.]  Certificates  issued 
by  county  boards  shall  be  of  three  grades,  first,  second,  and 
third,  and  shall  continue  in  force  respectively,  three  years,  two 
years,  and  one  year.59  (Laws  1885,  ch.  175,  sec.  3.) 

SEC.  190.  First  Grade;  to  Whom  Issued.  [5645.]  Certificates 
of  the  first  grade  shall  certify  that  the  person  to  whom  issued 
is  proficient  in  and  fully  qualified  to  teach  orthography,  read- 
ing, writing,  English  grammar,  composition,  geography,  arith- 
metic, United  States  history,  constitution  of  the  Unit^rd  cTt^es, 
bookkeeping,  physiology  and  hygiene,  (the  theory  and  practice 
of  teaching,)  elements  of  natural  philosophy,  and  shall  not  be 
issued  to  persons  under  18  years  of  age,  nor  to  such  as  have  not 
taught  successfully  12  school  months  :60  Provided,  That  per- 
sons who  receive  first-grade  certificates  shall  make  a  general 
average  of  not  less  than  90  per  cent.,  and  in  no  case  shall  a  per- 
son receive  a  certificate  of  the  first  grade  who  shall  fall  below 
70  per  cent,  in  any  one  branch.  (Laws  1885,  ch.  175,  sec.  4.) 

SEC.  191.  Second  Grade;  to  Whom  Issued.  [5646.]  Certifi- 
cates of  the  second  grade  may  be  issued  to  persons  of  not  less 

59  A  Third- Grade  Certificate  must  be  issued  for  one  year,  and  applicants 
therefor  must  be  examined  in  orthography,  reading,  writing,  English  grammar, 
geography,  arithmetic,  and  physiology  and  hygiene,  and  "must  satisfy  the  board 
as  to  their  good  moral  character  and  ability  to  teach  and  govern  schools  success- 
fully."    Section  186  provides  that  the  county  board  of  examiners  "  shall  publicly 
examine  all  persons  proposing  to  teach     .     .     .     as  to  their  competency  to  teach 
the  branches  prescribed  by  law."     Sections  110  and  194  indicate  what  branches 
shall  be  taught  in  the  public  school. 

Carrying  Grades.  The  law  does  not  authorize  the  carrying  of  grades  from 
one  examination  to  another,  nor  the  granting  of  any  privileges  pertaining  to  the 
examination  as  a  reward  for  attending  normal  institutes. 

Certificate  in  Case  of  Joint  District.  In  the  case  of  a  joint  district,  the  cer- 
tificate must  be  issued  by  the  board  of  examiners  of  the  county  in  which  the 
largest,  amount  of  territory  is  found. 

60  This  experience  need  not  have  been  had  in  Kansas,  but  must  be  shown  to 
the  satisfaction  of  the  board  of  examiners. 


70  SCHOOL    LAWS    OF    KANSAS. 

than  17  years  of  age,  who  have  taught  successfully  no  less  than 
three  school  months,  and  who  shall  fully  satisfy  the  board  as  to 
their  ability  to  teach  all  the  branches  prescribed  for  first-grade 
certificates,  except  bookkeeping  and  the  elements  of  natural 
philosophy :  Provided,  That  persons  who  receive  a  second- 
grade  certificate  shall  make  a  general  average  of  not  less  than 
80  per  cent.,  and  in  no  case  shall  a  person  receive  a  second 
grade  who  falls  below  60  per  cent,  in  any  one  branch.  (Laws 
1885,  ch.  175,  sec.  5.) 

SEC.  192.  Temporary  Certificate.  [5648.]  The  county  super- 
intendent, upon  request  made  in  writing  by  each  district  board, 
and  after  satisfying  himself  by  examination  of  the  ability  and 
proficiency  of  an  applicant,  may  grant  a  temporary  certificate 
in  case  of  necessity,  valid  only  in  the  designated  district,  and 
valid  only  until  the  next  regular  examination  by  the  county 
board  of  examiners  :  rovided,  That  no  such  temporary  certifi- 
cate shall  be  granted  to  any  applicant  who  has  failed  in  ex- 
amination at  the  last  regular  meeting  of  the  board ;  nor  shall 
such  certificate  be  granted  twice  to  the  same  person.  (Laws 
1885,  ch.  175,  sec.  7.)61 

SEC.  192a.  Examination.  [5649.]  No  certificate  shall  be  is- 
sued by  any  county  board  or  county  superintendent  except  upon 
examination,  as  provided  in  this  act.  (Laws  1885,  ch.  175, 
sec.  8.) 

SEC.  193.  Certificates  of  Force,  Where;  Revocation.  [5647.] 
No  certificate  shall  be  of  force  except  in  the  county  in  which  it 
is  issued  :  Provided,  That  the  county  superintendent  may  indorse 
unexpired  first-grade  certificates  issued  in  other  counties  on  pay- 
ment of  the  usual  fee  of  $1,  which  certificates  shall  thereby  be 
valid  in  the  county  in  which  such  indorsement  is  made  for  the 
unexpired  time  of  the  certificate.  A  certificate  issued  under 
this  act  may  be  revoked  by  the  board  of  examiners  on  the  ground 
of  immorality,  or  for  any  cause  that  would  have  justified  the 

61  Temporary  Certificate.  Before  issuing  a  temporary  certificate,  the 
county  superintendent  shall  satisfy  himself  that  the  applicant  possesses  the 
qualifications  that  would  enable  him  to  secure  a  certificate  at  a  regular  exami- 
nation. Such  certificate  cannot  be  renewed  and  cannot  remain  in  force  beyond 
the  time  of  the  next  regular  examination.  The  question  of  issuing  a  "tempo- 
rary" certificate  is  optional  with  the  county  superintendent. 


SCHOOL    LAWS    OF    KANSAS.  71 

withholding  thereof  when  the  same  was  granted.  (Laws  1885, 
ch.  176,  sec.  6.)62 

SEC.  194.  Examination  of  Teachers  in  Physiology  and  Hygiene. 
[5667.]  No  certificate  shall  be  granted  to  any  person  to  teach 
in  any  of  the  public  schools  of  this  state  after  the  1st  day  of 
January,  1886,  who  has  not  passed  a  satisfactory  examination 
in  the  elements  of  physiology  and  hygiene,  with  special  refer- 
ence to  the  effects  of  alcohol  stimulants  and  narcotics  upon  the 
human  system  ;  and  provision  shall  be  made  by  the  proper  offi- 
cers, committees  and  boards  for  instructing  all  pupils  in  each 
public  school  supported  by  public  money  and  under  state  con- 
trol upon  the  aforesaid  topics.  (Laws  1885,  ch.  169,  sec.  1.) 

SEC.  194a.  State  Normal  School  Certificate.  [6329.]  As  soon 
as  any  person  has  attended  said  institution  22  weeks,  said  per- 
son may  be  examined  in  the  studies  required  by  the  board,  in 
such  manner  as  may  be  prescribed,  and  if  it  shall  appear  that 
said  person  possesses  the  learning  and  other  qualifications  neces- 
sary to  teach  a  good  common  school,  said  person  shall  receive 
a  certificate  to  that  effect  from  the  principal,  to  be  approved  by 
the  superintendent  of  public  instruction ;  and  as  soon  as  any 
person  shall  have  completed  the  full  course  of  instruction  in  the 
state  normal  school,  he  or  she  shall  receive  a  diploma,  which, 
when  signed  by  the  president  of  the  institution,  state  superin- 
tendent of  public  instruction,  and  the  board  of  directors  of  said 
school,  shall  be  evidence  that  the  person  to  whom  such  diploma 
is  granted  is  a  graduate  of  the  state  normal  school,  and  entitled 
to  all  the  honors  and  privileges  belonging  to  such  graduates ; 
and  such  diploma  shall  serve  as  a  legal  certificate  of  qualifica- 
tion to  teach  in  the  common  schools  of  this  state.  (Laws  1864, 
ch.  99,  sec.  13.) 

62  The  indorsement  of  a  fipsfc-grade  certificate  by  a  county  superintendent  in 
a  county  other  than  the  one  in  which  it  was  issued  makes  it  a  legal  certificate 
in  the  county  where  indorsed  until  it  expires  by  limit  of  date.  A  specified  limi- 
tation accompanying  the  indorsement  is  of  no  effect. 


72 


SCHOOL    LAWS   OF   KANSAS. 


ARTICLE  XII. 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 


§195.  Cities  of  the  first  class  defined. 

196.  Boai-d  of  education,  how  constituted  and 

elected. 

197.  Vacancy  in  board,  how  filled. 

198.  Officers,  rules,  and  regulations. 

199.  Powers  and  duties  of  board  of  education. 

200.  Board  shall  organize,  when  and  how; 

elect  clerk,  superintendent ;  fiscal  year ; 
annual  report. 

201.  Duty  of  president. 

202.  Duty  of  vice-president. 

203.  Duty  of  clerk ;  duty  and  salary  of  super- 

intendent. 

204.  Clerk  shall  execute  bond ;  oath  of  office. 

205.  Treasurer,  duty  of. 

206.  Board  not  to  receive  pay. 

207.  Examining  committee,  how  appointed; 

duties ;  who  may  be  elected  as  teacher. 

208.  Vacancy  in  committee,  how  filled. 

209.  Annual  levy  of  taxes. 

210.  All  school  taxes  shall  be  paid  in  money. 

211.  The  whole  city  shall  compose  a  school 

district. 

212.  All  city  school  property  shall  be  vested 

in  the  board. 

213.  Sale  or  conveyance  of  school  property. 

214.  Meetings  of  the  board,  when  held. 


§215.   Annual  report  of  the  board  shall  bo  pub- 
lished, when  and  how. 

216.  Restriction  regarding  expenditures. 

217.  No  sectarian  doctrine  shall  be  taught  in 

the  city  schools. 

218.  City  school  property  exempt  from  taxa- 

tion. 

219.  For  what  purpose  the  board  may  issue 

bonds. 

220.  Duty  of  mayor. 

221.  Date,  rate,  maturity,  and  attest. 

222.  Annual  levy  for  interest  and  sinking-fund. 

223.  Execution. 

224.  Sinking-fund,  how  used  and  employed. 

225.  Interest  to  be  paid,  when. 

226.  Payment  of  interest  and  principal,  how 

secured. 

227.  The  clerk  shall  register  bonds  issued  by 

the  board. 

228.  Refunding  outstanding  bonded  debt. 

229.  Registration  of  funding  bonds. 

230.  Annual  levy  of  tax  to  pay  interest  and 

principal  of  funding  bonds. 

231.  Penalty  for  neglecting  or  refusing  to  levy 

bond  tax. 

232.  Use  of  money  levied  and  collected  under 

this  act. 


SECTION  195.  Defined.  [5684.]  All  cities  of  more  than  15,000 
inhabitants  shall  be  governed  by  the  provisions  of  this  act. 
(Laws  1876,  ch.  122,  art.  10,  sec.  1.) 

SEC.  196.  Board  of  Education.  [Laws  1891,  ch.  196,  sec.  1.] 
In  each  city  under  this  act,  having  not  to  exceed  four  wards, 
there  shall  be  a  board  of  education,  consisting  of  three  mem- 
bers from  each  ward,  who  shall  be  and  remain  residents  of  the 
wards  from  which  they  are  elected  during  their  term  of  office, 
to  be  elected  by  the  qualified  voters  of  the  city  at  large,  one  of 
whom  in  each  ward  shall  be  elected  annually,  and  shall  hold 
his  office  for  the  term  of  three  years,  and  until  his  successor 
shall  be  elected  and  qualified ;  and  in  each  city  under  this  act 
having  more  than  four  wards,  the  board  of  education  shall  con- 
sist of  two  members  from  each  ward,  who  shall  be  and  remain 
residents  of  the  ward  from  which  they  are  elected  during  their 
term  of  office,  to  be  elected  by  the  quailified  voters  of  the  city 
at  large,  one  of  whom  in  each  ward  shall  be  elected  annually, 


SCHOOL   LAWS    OF   KANSAS.  73 

and  shall  hold  his  office  for  the  term  of  two  years,  and  until  his 
successor  is  elected  and  qualified :  Provided,  That  in  cities 
having  the  population  of  35,000  inhabitants  or  over,  as  shown 
by  the  United  States  census  of  1890,  that  the  board  of  educa- 
tion shall  consist  of  six  members,  one  from  each  ward,  who 
shall  be  and  remain  residents  of  the  ward  from  which  they  are 
elected  during  their  term  of  office,  and  each  member  to  be 
elected  by  the  qualified  voters  of  the  cit'y  at  large,  two  of  whom 
shall  be  elected  annually,  and  shall  hold  their  office  for  the 
term  of  three  years,  and  until  their  successors  are  duly  elected 
and  qualified  :  Provided  further,  That  at  the  first  general  election 
of  the  city  officers  after  the  passage  of  this  act  there  shall  be 
elected  a  full  board  of  six  members,  one  for  each  ward,  who 
shall  be  divided  into  three  classes  of  two  each.  Of  the  six 
members  elected,  the  two  receiving  the  highest  number  of  votes 
cast  shall  serve  for  three  years  ;  the  two  receiving  the  next 
highest  number  of  votes  cast  shall  serve  for  two  years,  and 
the  two  receiving  the  least  number  of  votes  cast  shall  serve  for 
one  year  :  Provided  further,  That  those  members  elected  at  the 
first  regular  election  under  this  act  shall  qualify  in  August  fol- 
lowing their  election,  and  enter  upon  the  duties  of  their  office, 
and  shall  continue  to  serve  for  one  year  in  connection  with  the 
members  whose  term  of  office  does  not  expire  till  August,  1892, 
after  which  time  there  shall  be  but  the  six  members,  as  herein 
provided.  In  any  city  of  the  second  class,  hereafter  organized 
as  a  city  of  the  first  class,  the  term  of  office  of  any  member  of  the 
board  which  would  expire  prior  to  the  first  Monday  in  August 
after  such  organization,  is  hereby  extended  to  said  first  Monday 
in  August.  The  president  of  the  board  of  education  shall  cer- 
tify to  the  mayor  of  the  city,  15  days  preceding  each  regular 
city  election,  the  number  of  persons  to  be  elected  from  each 
ward  as  members  of  the  board  of  education  for  a  full  term,  and 
also  to  fill  unexpired  terms.  The  mayor,  when  he  issues  his 
proclamation  for  the  election  of  city  officers,  shall  include  in  it 
the  number  of  members  of  the  board  for  a  full  term,  and  also  to 
fill  unexpired  terms. 

SEC.  197.  Vacancy  in  Board.  [5686.]  The  board  of  education 
shall  have  power  to  fill  any  vacancy  which  may  occur  in  their 
body  :  Provided,  That  any  vacancy  occurring  more  than  10  days 
previous  to  the  annual  city  election,  and  leaving  an  unexpired 


74  SCHOOL   LAWS    OF   KANSAS. 

term  of  one  or  more  years,  shall  be  filled  at  the  first  city  elec- 
tion thereafter,  and  the  ballots  and  returns  of  election  shall  be 

designated  as  follows  :  "  To  fill  unexpired  term  of years." 

(Laws  1876,  ch.  122,  art.  10,  sec.  3.) 

SEC.  198.  Officers,  Rules,  and  Regulations.  [5687.]  The  board 
of  education  shall  have  power  to  select  their  own  officers  ;  to 
make  their  rules  and  regulations,  subject  to  the  provisions  of 
this  act;  to  establish  a  high  school,  whenever  in  their  opinion 
the  educational  interests  of  the  city  demand  the  same ;  and  to 
exercise  the  sole  control  over  the  public  schools  and  school 
property  of  the  city.  (Laws  1876,  ch.  122,  art.  10,  sec.  4.) 

SEC.  199.  Powers  and  Duties  of  the  Board  of  Education.  [5715.] 
The  board  of  education  shall  have  power  to  elect  their  own  of- 
ficers, make  all  necessary  rules  for  the  government  of  the  schools 
of  said  city  under  its  charge  and  control,  and  of  the  said  board, 
subject  to  the  provisions  of  this  act  and  the  laws  of  this  state  ; 
to  organize  and  maintain  separate  schools  for  the  education  of 
white  and  colored  children,  except  in  the  high  school,  where  no 
discrimination  shall  be  made  on  account  of  color ;  to  exercise 
the  sole  control  over  the  public  schools  and  school  property  of 
said  city ;  and  shall  have  the  power  to  establish  a  high  school, 
and  maintain  the  same,  in  whole  or  in  part,  by  demanding,  col- 
lecting and  receiving  a  tuition  fee  for  and  from  each  and  every 
scholar  or  pupil  attending  such  high  school.  (Laws  1879,  ch. 
81,  sec.  1.) 

SEC.  200.  Organization  of  Board.  [5716.]  The  board  of  edu- 
cation shall,  at  its  first  regular  meeting  in  August  of  each  year, 
organize  by  the  election  of  a  president  and  vice-president  from 
its  members,  each  of  whom  shall  serve  for  one  year,  and  until 
his  successor  is  elected  and  qualified.  They  may  elect  a  clerk 
and  a  superintendent  of  public  schools,  neither  of  whom  shall 
be  a  member  of  said  board,  and  who  shall  hold  their  respective 
offices  during  the  pleasure  of  the  board.  The  board  shall  have 
the  right,  at  any  time  and  at  any  regular  meeting,  to  hold  an 
election  to  fill  any  vacancy  which  may  occur  among  the  officers 
of  the  board,  or  any  of  its  agents,  servants,  or  employees.  The 
fiscal  year  of  such  board  shall  close  on  the  last  day  of  June,  and 
the  annual  reports  of  the  president,  superintendent  and  of  the 
several  committees  shall  be  presented  to  the  board  on  or  before 


SCHOOL    LAWS    OF    KANSAS.  75 

the  first  Monday  in  August  in  each  year.     (Laws  1879,  ch.  81, 
sec.  2.) 

SEC.  201.  President.  [56S9.]  It  shall  be  the  duty  of  the 
president  to  preside  at  all  meetings  of  the  board  of  education, 
to  appoint  all  committees  whose  appointment  is  not  otherwise 
provided  for,  and  to  sign  all  warrants  ordered  by  the  board  of 
education  to  be  drawn  upon  the  city  treasurer  for  school  moneys. 
(Laws  1876,  ch.  122,  art.  10,  sec.  6.) 

SEC.  202.  Vice-president.  [5690.]  It  shall  be  the  duty  of 
the  vice-president  to  perform  all  the  duties  of  the  president,  in 
case  of  his  absence  or  disability.  -(Laws  1876,  ch.  122,  art.  10, 
sec.  7.) 

SEC.  203.  Clerk;  Superintendent.  [5691.]  It  shall  be  the 
duty  of  the  clerk  to  attend  all  meetings  of  the  board,  to  keep  an 
accurate  journal  of  its  proceedings,  to  have  the  care  and  custody 
of  the  records  and  papers  of  the  board,  to  countersign  all  war- 
rants drawn  upon  the  treasurer  by  order  of  the  board,  to  keep 
an  account  of  all  moneys  paid  to  the  treasurer  on  account  of 
said  board,  and  of  all  moneys  paid  or  orders  drawn  on  the  treas- 
urer by  order  of  said  board ;  and  shall,  at  least  once  in  every 
three  months,  prepare  and  cause  to  be  published  in  said  city  a 
statement,  under  oath,  showing  (1)  the  moneys  received  by  the 
treasurer  since  last  report,  and  from  what  source  received ;  (2) 
the  amount  of  sinking-fund,  and  how  invested  ;  (3)  the  moneys 
paid  out,  to  whom,  and  for  what  paid  ;  (4)  the  balance  of  gen- 
eral fund  in  the  hands  of  the  treasurer ;  (5)  the  number,  date 
and  amount  of  any  bond  issued  by  said  board,  purchased  under 
the  authority  in  this  act  given,  and  the  amount  paid  therefor ; 
and  shall  perform  such  other  duties  as  the  board  or  its  commit- 
tees may  require,  and  shall  receive  for  his  services  such  com- 
pensation as  the  board  shall  deem  adequate,  but  not  to  exceed 
$1000  per  annum.  The  superintendent  shall  have  the  charge 
and  control  of  the  public  schools  of  the  city,  subject  to  the 
orders,  rules,  regulations  and  by-laws  of  the  board,  and  shall 
receive  for  his  services  such  compensation  as  the  board  shall 
deem  adequate.  (Laws  1876,  ch.  122,  art.  10,  sec.  8.) 

SEC.  204.  Bond  of  Clerk.  [5692.]  Before  entering  upon  the 
discharge  of  his  duties,  the  clerk  of  the  board  of  education  shall 
give  bond  in  the  sum  of  $  1000,  with  good  and  sufficient  securi- 


78  SCHOOL    LAWS    OP    KANSAS. 

ties,  to  be  approved  by  the  board,  and  shall  take  and  subscribe 
an  oath  or  affirmation  before  a  proper  officer  that  he  will  sup- 
port the  constitution  of  the  United  States,  the  constitution  of 
the  state  of  Kansas,  and  faithfully  perform  the  duties  of  his 
office.  (Laws  1876,  ch.  122,  art.  10,  sec.  9.) 

SEC.  205.  Treasurer.  [5693.]  The  treasurer  of  the  city  shall 
be  ex  officio  the  treasurer  of  the  board  of  education,  and  shall 
give  such  bond  to  the  board  of  education  as  the  board  may  re- 
quire, said  bond  to  be  approved  by  the  board  of  education  and 
filed  with  its  clerk.  It  shall  be  the  duty  of  the  treasurer  to  de- 
posit daily  all  money  belonging  to  the  board  of  education  in 
some  responsible  bank,  to  be  designated  by  the  board  of  educa- 
tion, in  the  name  of  such  treasurer  as  such  officer,  which  bank 
shall  pay  interest  on  monthly  average  balances  as  may  be  agreed 
upon  by  such  bank  and  the  board  of  education  ;  and  before  mak- 
ing such  deposits  the  board  of  education  shall  take  from  such 
bank  a  good  and  sufficient  bond,  in  a  sum  to  be  designated  by 
the  board  of  education,  conditioned  that  such  deposits  shall  be 
promptly  paid  on  the  check  or  draft  of  said  treasurer.  The 
treasurer  shall  attend  all  of  the  meetings  of  the  board  when  re- 
quired to  do  so  ;  shall  prepare  and  submit  in  writing  a  monthly 
report  of  the  finances  of  said  board  ;  and  shall  pay  school  moneys 
only  upon  a  warrant  signed  by  the  president,  or,  in  his  absence, 
by  the  vice-president,  and  countersigned  by  the  clerk.  The 
treasurer  shall  receive  from  the  board  of  education  $50  per  an- 
num for  his  services  as  treasurer,  and  no  more.  (Laws  1885,  ch. 
178,  sec.  1.) 

SEC.  206.  No  Compensation.  [5694.]  No  member  of  the  board 
of  education  shall  receive  any  pay  or  emolument  for  his  services. 
(Laws  1876,  ch.  122,  art.  10,  sec.  11.) 

SEC.  207.  Examining  Committee;  Teachers.  [Laws  1899,  ch. 
178,  sec.  1.]  The  board  of  education,  at  such  time  as  they  shall 
deem  expedient,  shall  appoint  three  competent  persons,  who 
shall  be  styled  the  examining  committee  of  the  board  of  educa- 
tion, whose  duty  it  shall  be  to  examine  all  persons  who  may  ap- 
ply to  them  as  teachers  ;  and  no  person  shall  be  elected  by  the 
board  as  teacher  who  cannot  produce  a  certificate  from  the  ex- 
amining committee,  signed  by  all  or  a  majority  of  them,  and 
setting  forth  that  such  person  is  competent  to  teach  in  such  de- 
partment of  the  public  schools  as  may  be  stated  in  the  certifi- 


L 
OF  r*p  ^  ' 

SCHOOL    LAWS    OF    KA^U^1  77 

"  I    i 

cate  and  is  a  person  of  good  moral  character  r  Provided,  That 
the  board  may  elect  as  teacher  a  suitable  person  who  holds  a 
diploma  or  certificate  from  the  state  board  of  education  or  a 
diploma  from  the  state  normal  school. 

SEC.  208.  Vacancy.  [5696.]  The  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  the  examin- 
ing committee.  (Laws  1876,  ch.  122,  art.  10,  sec.  13.) 

SEC.  209.  Annual  Levy  of  Taxes.  [Laws  1899,  ch.  252,  sec. 
1.]  That  the  board  of  education  of  cities  of  the  first  class  shall 
in  the  month  of  August  in  each  year  prepare  an  estimate 
and  levy  of  the  amount  of  money  necessary,  first,  for  the  pay- 
ment of  teachers'  wages,  repairs,  incidentals,  expenses  and 
maintenance  of  the  schools  under  its  charge  for  the  year  com- 
mencing on  the  1st  day  of  January  next  thereafter,  except  in 
cities  of  the  first  class  having  a  population  of  30,000  or 
more,  in  which  such  estimate  shall  be  made  for  the  year  com- 
mencing on  the  1st  day  of  July  last  preceding  the  month  of 
August  in  which  such  levy  shall  be  made  ;  second,  for  the 
amount  necessary  to  pay  the  interest  on  the  bonds  accruing 
during  such  year;  third,  for  the  amount  of  sinking-funds  nec- 
essary to  be  collected  during  such  year  for  the  payment  and 
redemption  of  such  bonds  issued  by  said  board ;  and  shall  cause 
to  be  certified  by  the  president  and  clerk  of  said  board  to  the 
county  clerk  of  the  county  in  which  said  city  is  situated  the 
percentage  by  them  levied  on  the  real  and  personal  property  of 
and  within  said  city  as  returned  from  the  assessment  roll  of  the 
county,  and  the  said  county  clerk  is  hereby  authorized  and  re- 
quired to  place  the  same  on  the  tax-roll  of  the  county,  and  the 
said  tax  shall  be  collected  by  the  county  treasurer  for  the  city 
for  the  sole  purpose  for  which  said  taxes  were  levied,  subject  to 
the  order  of  said  board  of  education  ;  and  all  such  levies  required 
to  be  certified  to  the  county  clerk  shall  be  certified  on  or  before  the 
25th  day  of  August  annually  :  Provided,  That  the  estimate  and 
tax  for  teachers'wages,  for  repairs,  incidental  expenses  and  main- 
tenance of  such  schools  shall  not  exceed  in  any  one  year  eight 
mills  on  the  dollar  of  all  taxable  property  in  said  city,  in  cities 
where  the  total  assessed  valuation  is  greater  than  $3,000,000, 
except  that,  in  cities  of  the  first  class  having  a  population  of 
30,000  or  more  inhabitants,  the  board  of  education  shall  have 
power  and  it  is  hereby  authorized  to  levy  for  such  purposes 


78  SCHOOL    LAWS    OF    KANSAS. 

not  to  exceed  12  mills  on  the  dollar  of  all  taxable  property  in 
said  city ;  and  said  board  of  education  of  said  city  of  the  first 
class  having  more  than  30,000  inhabitants  shall  have  power, 
and  it  is  hereby  authorized  to  levy,  for  building  purposes,  not 
to  exceed  three  mills  on  the  dollar  of  all  taxable  property  in 
said  city  in  addition  to  said  12  mills  ;  and  where  the  assessed 
valuation  is  less  than  $3,000,000,  the  estimate  tax  for  teachers' 
wages,  repairs  and  incidental  expenses  and  the  maintenance  of 
such  school  shall  not  exceed  in  any  one  year  10  mills  on  the  dol- 
lar of  all  taxable  property  in  said  city  :  Provided  further,  That 
said  schools  shall  not  be  kept  open  more  than  nine  months  in  any 
one  year,  and  that  the  sum  paid  for  teachers'  wages,  repairs, 
incidental  expenses  and  maintenance  in  any  one  school  year 
shall  not  exceed  the  total  estimate  and  levy  made  for  that  pur- 
pose as  herein  directed,  and  that  the  funds  raised  as  herein  pro- 
vided shall  not  be  used  or  appropriated  for  any  other  purpose 
than  that  certain  purpose  as  herein  provided  ;  and  that  said 
school  board  shall  not  create  any  obligations  not  provided 
for  as  herein  directed ;  nor  shall  any  bonds  of  any  school  dis- 
trict be  issued  or  other  obligation  be  given  for  the  purpose  of 
funding  any  indebtedness  growing  out  of  the  support  or  repairs 
for  which  the  board  is  herein  required  to  make  provision  ;  and 
any  member  of  the  school  board  who  shall  be  a  party  to  creating 
any  indebtedness  for  the  payment  of  teachers'  wages,  repairs, 
incidental  expenses  and  the  maintenance  for  one  school  year 
beyond  the  amount  provided  in  the  annual  levy,  or  \\lio  shall 
issue  or  cause  to  be  issued  bonds  or  other  obligation  of  any  dis- 
trict for  the  funding  of  any  such  indebtedness,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  be  punished 
by  removal  from  office,  and  by  a  fine  of  not  less  than  §100  nor 
more  than  $500,  and  shall  be  personally  liable  for  damages  in 
any  action  which  it  shall  be  the  duty  of  the  city  attorney  of  such 
city  of  the  first  class  to  prosecute,  brought  in  the  name  of  such 
school  district,  for  the  amount  of  such  deficiency  of  indebted- 
ness so  created,  which  money  when  so  collected  shall  be  used  to 
liquidate  such  deficiency  or  indebtedness  :  Provided  further,  That 
any  vacancy  created  in  any  school  board  of  any  city  of  the  first 
class  under  the  operation  of  this  section  may  be  filled  until  the 
next  election  thereafter  by  appointment  by  the  mayor  of  such 
city,  subject  to  the  confirmation  by  the  city  council  as  other  ap- 
pointments by  the  mayor  are  confirmed, 


SCHOOL   LAWS    OF   KANSAS.  79 

SEC.  210.  Taxes.  [5698.]  All  taxes  collected  for  the  benefit 
of  the  public  schools  shall  be  paid  in  money,  and  shall  be  placed 
in  the  hands  of  the  city  treasurer,  subject  to  the  order  of  the 
board  of  education.  (Laws  1876,  ch.  122,  art.  10,  sec.  15.) 

SEC.  211.  District.  [5699.]  The  whole  city  shall  compose 
a  school. district  for  all  purposes  of  taxation,  but  may  be  subdi- 
vided by  the  board  of  education  into  as  many  districts  as  they 
may  think  proper.  (Laws  1876,  ch.  122,  art.  10,  sec.  16.) 

SEC.  212.  Property.  [5700.]  The  title  of  all  property  held 
for  the  use  or  benefit  of  the  public  schools  shall  be  vested  in  the 
board  of  education,  and  held  by  them  in  trust  for  the  city ;  and 
the  board  of  education  may  sue  in  its  own  name  for  all  money 
due  or  to  become  due  to  the  board  or  the  school  fund,  and  for 
any  trespass  upon,  injury  to  or  concession  of  any  of  the  school 
property  of  said  city,  for  the  benefit  of  the  school  fund  of  such 
city.  (Laws  1876,  ch.  122,  art.  10,  sec.  17.) 

SEC.  213.  Sale  of  Property.  [5701.]  No  school  property  of 
any  kind  shall  be  sold  or  conveyed  by  the  board  of  education, 
except  at  a  regular  meeting  of  the  same,  and  not  then  without 
an  affirmative  recorded  vote  of  at  least  two-thirds  of  all  the 
members  of  said  board.  (  Laws  1876,  ch.  122,  art.  10,  sec.  18.) 

SEC.  214.  Meetings  of  the  Board.  [5702.]  The  regular  meet- 
ings of  the  board  of  education  shall  be  upon  the  first  Monday 
in  each  month,  but  special  meetings  may  be  held  from  time  to 
time,  as  circumstances  may  demand.  ( Laws  1876,  ch.  122,  art. 
10,  sec.  19.) 

SEC.  215.  Annual  Report.  [5703.]  The  board  of  education,  at 
the  close  of  each  school  year,  or  as  soon  thereafter  as  practicable, 
shall  make  an  annual  report  of  the  progress,  prosperity,  and 
condition,  financial  as  well  as  educational,  of  all  the  schools 
under  their  charge  ;  and  said  report,  or  such  portion  of  it  as  the 
board  of  education  shall  consider  of  advantage  to  the  public, 
shall  be  printed  either  in  a  public  newspaper  or  in  pamphlet 
form.  (  Laws  1876,  ch.  122,  art.  10,  sec.  20.) 

SEC.  216.  Expenditures.  [5704.]  No  expenditure  involving 
an  amount  greater  than  $200  shall  be  voted,  except  in  accord- 
ance with  the  provisions  of  a  written  contract,  ( Laws  1876,  ch, 
122,  art,  10,  sec,  21,) 


80  SCHOOL   LAWS    OF   KANSAS. 

SEC.  217.  Sectarian  Doctrine.  [5705.]  No  sectarian  or  re- 
ligious doctrine  shall  be  taught  or  inculcated  in  any  of  the  pub- 
lic schools  of  the  city ;  but  nothing  in  this  section  shall  be 
construed  to  prohibit  the  reading  of  the  holy  scriptures.  ( Laws 
1876,  ch.  122,  art.  10,  sec.  22.) 

SEC.  218.  Exemptions.  [5706.]  All  property  held  by  the 
board  of  education  for  the  use  of  public  schools  shall  be  exempt 
from  taxation,  and  shall  not  be  taken  in  any  manner  for  any 
debt  due  from  the  city.  (Laws  1876,  ch.  122,  art.  10,  sec.  23.) 

SEC.  219.  Bonds.  [Laws  1891,  ch.  196,  sec.  3.]  Whenever 
it  shall  be  necessary  to  raise  funds  to  purchase  a  school  site  or 
sites,  to  furnish,  to  repair,  to  make  additions,  or  to  build  a 
school  building,  it  shall  be  the  duty  of  the  board  to  prepare  an 
estimate  of  the  costs  of  such  site  or  sites,  repairs,  additions, 
or  buildings,  together  with  the  cost  of  furnishing  the  same, 
with  estimates,  shall  be  spread  upon  the  records  of  the  board, 
when  adopted  by  a  recorded  yea-and-nay  vote  of  two-thirds  of 
all  the  members  of  the  board  at  a  regular  meeting ;  and  in 
every  case  the  board  shall  complete  said  repairs,  additions,  or 
buildings,  together  with  the  furnishing  of  the  same  and  the 
purchase  of  such  site  or  sites,  within  the  estimated  costs  thereof  ; 
and  in  no  case  shall  any  board  create  a  deficiency  or  out- 
standing obligations  in  the  purchase  of  such  site  or  sites,  the 
making  of  such  repairs,  or  the  erection  of  additions  or  build- 
ings. And  every  member  of  a  school  board  who  shall  be  a 
party  to  creating  a  deficiency  or  outstanding  obligations  within 
the  meaning  of  this  section  sha,ll  be  deemed  to  be  guilty  of  a 
misdemeanor,  and  shall  on  conviction  be  punished  by  removal 
from  office  and  a  fine  of  not  less  than  $100,  and  shall  be  per- 
sonally liable  for  damages  in  any  action,  which  it  shall  be  the 
duty  of  the  city  attorney  of  such  city  of  the  first  class  to 
prosecute,  brought  in  the  name  of  such  school  district,  for  the 
amount  of  such  deficiency  or  outstanding  obligations,  which 
money  when  so  collected  shall  be  used  to  liquidate  such  de- 
ficiency or  outstanding  obligations  :  Provided,  That  any  vacancy 
created  in  any  school  board  under  the  operation  of  this  section 
shall  be  filled  as  provided  in  section  2  of  this  act.63 

SEC.  220,  Duty  of  Mayor.  [Laws  1891,  ch.  196,  sec.  4.]  It 
shall  be  the  duty  of  the  mayor  of  such  city,  within  thirty  days 

63    Section  209  of  this  book, 


SCHOOL   LAWS    OP    KANSAS.  81 

after  receiving  a  certified  copy  of  the  action  of  the  board  of  edu- 
cation, showing  a  necessity  and  giving  a  statement  of  the  esti- 
mated cost  of  such  school  sites,  repairs,  additions,  building  or 
buildings,  signed  by  the  clerk  and  countersigned  by  the  presi- 
dent of  the  board,  to  issue  a  proclamation  for  holding  an  elec- 
tion to  vote  bonds  to  the  amount  prayed  for  by  the  board ;  and 
no  bonds  shall  be  issued  unless  a  majority  of  the  qualified  elec- 
tors of  the  city  school  district  voting  at  such  election  shall  vote 
therefor  ;  nor  shall  the  entire  amount  of  such  school  bonds 
issued  exceed,  in  the  aggregate,  including  existing  indebted- 
ness, 5  per  centum  of  the  value  of  the  taxable  property  of  such 
city,  as  ascertained  by  the  last  assessment  for  state  and  county 
purposes  previous  to  incurring  the  proposed  indebtedness. 
Any  member  of  a  board  of  education,  or  officer  thereof,  who 
shall  vote  for,  counsel,  consent  to,  or  in  anywise  assist  in  the 
issue  of  any  bond  or  bonds  in  excess  of  the  per  centum  herein 
authorized  shall  be  liable  jointly  and  severally  to  the  holder  of 
any  such  bonds  for  the  amount  due  thereon,  to  be  recovered  in 
a  civil  action  in  any  court  of  competent  jurisdiction,  and  judg- 
ment rendered  thareon  may  be  collected  and  enforced  in  the 
same  manner  as  other  judgments  are  collected  and  enforced. 

SEC.  221.  Date,  Rate,  Time,  and  Attest.  [Laws  1891,  ch.  196, 
sec.  5.]  The  bonds,  the  issuance  of  which  is  provided  for  in 
this  act,  may,  at  the  option  of  the  board,  be  instalment  bonds. 
All  bonds  shall  be  dated  on  the  day  they  are  issued,  shall  bear 
interest  at  a  rate  not  exceeding  6  per  centum  per  annum,  pay- 
able semiannually  on  January  1  and  July  1,  and  shall  be  pay- 
able in  not  more  than  30  years.  They  shall  be  signed  by  the 
president  and  secretary,  attested  with  the  seal  of  the  board. 
The  coupons,  if  any  be  attached,  shall  be  signed  by  the  presi- 
dent of  the  board,  and  each  bond  so  issued  shall  not  be  for  a 
sum  less  than  $50. 

SEC.  222.  Levy  for  Interest  and  Sinking -fund.  [Laws  1891, 
ch.  196,  sec.  6.]  The  board  of  education  in  its  annual  estimate, 
as  provided  for  in  section  2  of  this  act,6*  shall  include  an  amount 
sufficient  to  pay  the  interest  as  it  accrues  on  all  outstanding 
bonds  issued  by  the  board,  and  also  to  create  a  sinking-fund  for 
the  redemption  of  said  bonds,  and  shall  levy  and  cause  the  same 

64  Section  219  of  this  book. 
—6 


82  SCHOOL   LAWS   OF   KANSAS. 

to  be  collected  as  provided  for  in  said  section,  in  addition  to  the 
levy  authorized  by  said  section  for  school  purposes  ;  and  such 
money  shall  remain  a  specific  fund  for  said  purposes  only,  and 
shall  not  be  appropriated  to  any  other  purpose. 

SEC.  223.  Execution.  [5708.]  The  bonds,  the  issuance  of 
which  is  provided  for  in  the  preceding  section  [219] ,  shall  be 
signed  by  the  president  and  clerk  of  the  board  of  education, 
and  countersigned  by  the  treasurer ;  and  said  bonds  shall 
specify  the  rate  of  interest,  and  the  time  when  principal  and 
interest  shall  be  paid ;  and  each  bond  so  issued  shall  not  be  for 
a  less  sum  than  $50.  (Laws  1876,  ch.  122,  art.  10,  sec.  25.) 

SEC.  224.  Use  of  Sinking-fund.  [5710.]  The  moneys  levied 
and  collected  for  creating  a  sinking-fund  for  the  redemption  of 
the  principal  of  the  bonds  issued  by  the  board  of  education  shall 
be  used  and  employed  or  invested  as  follows  :  (1)  After  retain- 
ing an  amount  sufficient  to  pay  the  principal  of  any  bonds  ma- 
turing during  the  year,  the  board  shall,  with  the  surplus  of  such 
sinking-fund,  when  the  same  shall  be  f  1000  or  more,  purchase 
any  of  the  outstanding  bonds  issued  by  the  board.  Such  pur- 
chase shall  be  made  at  the  lowest  price  such  bonds  can  be  pur- 
chased at,  but  at  not  more  than  par  value  of  such  bonds ;  and 
whenever  there  shall  be  a  surplus  of  such  sinking-fund  amount- 
ing to  the  sum  of  $  1000,  the  board  shall  purchase  therewith 
like  bonds,  on  the  same  terms  and  conditions  hereinbefore  speci- 
fied. (2)  If  for  any  reason  such  bonds  cannot  be  purchased 
as  hereinbefore  specified,  such  sinking-fund  shall  be  invested 
by  the  treasurer,  under  the  direction  of  the  board  of  education, 
at  such  times  as  the  board  shall  direct,  in  the  interest-bearing 
bonds  of  the  United  States  or  the  state  of  Kansas,  which  shall 
be  purchased  at  the  lowest  market  price.  Interest  accruing 
upon  such  bonds  shall  be  invested  in  the  same  manner  and  for 
the  same  purpose  as  sinking-fund.  Such  bonds  shall  be  held 
by  the  treasurer  until  the  principal  of  the  bonds  issued  by  the 
board  of  education  shall  become  due,  and  shall  then  be  sold  at 
the  highest  market  price,  and  the  proceeds  applied  to  the  pay- 
ment of  the  bonds  :  Provided,  That  if  at  any  time  the  board  shall 
deem  it  best,  it  shall  be  lawful  for  such  board  to  sell  such  bonds 
for  the  purpose  of  purchasing  of  the  bonds  issued  by  such  board  ; 
but  all  such  sales  shall  be  at  the  highest  market  price,  and  the 
bonds  of  the  board  purchased  with  the  proceeds  of  such  sale 


SCHOOL    LAWS    OF    KANSAS.  83 

shall  be  purchased  at  the  lowest  price  they  can  be  obtained  for, 
and  not  above  the  par  value  of  such  bonds  :  Provided,  That  no 
bond  issued  by  the  board  of  education  shall  be  purchased  by 
said  board  that  has  not  been  outstanding  five  years  :  And  pro- 
vided further ,  That  the  bonds  first  maturing  shall  be  first  pur- 
chased, if  they  can  be  purchased  on  terms  as  favorable  to  the 
board  as  any  others  offered  for  sale  to  the  said  board.  All 
bonds  oj:  the  said  board  purchased  under  the  authority  hereby 
given,  or  paid  by  the  board,  shall  be  forthwith  canceled  and 
destroyed,  and  the  clerk  shall  enter  on  the  bond  register  of  the 
said  board,  on  the  margin  of  the  record  of  the  said  bonds,  the 
date  when  the  same  were  purchased  and  the  price  paid  ;  and 
thereafter  no  interest  or  sinking-fund  shall  be  levied  or  collected 
for  or  on  account  of  said  bonds  so  canceled.  Such  sinking-fund 

O 

shall  never  be  used  nor  appropriated  in  any  other  manner  what- 
ever. (Laws  1876,  ch.  122,  art.  10,  sec.  27.) 

SEC.  225.  Interest.  [5711.]  Whenever  the  interest  of  the 
above-mentioned  bonds  shall  become  due,  the  same  shall  be 
paid  by  the  treasurer.  (Laws  1876,  ch.  122,  art.  10.  sec.  28.) 

SEC.  226.  Security.  [5712.]  The  credit  of  the  school  fund 
of  the  city  is  hereby  pledged  to  the  payment  of  the  interest  and 
principal  of  the  bonds  mentioned  in  this  article,  as  the  same 
may  become  due.  (Laws  1876,  ch.  122,  art.  10,  sec.  29.) 

SEC.  227.  Bond  Registry.  [5713.]  It  shall  be  the  duty  of  the 
board  of  education  to  register,  in  a  book  provided  for  that  pur- 
pose, the  bonds  issued  under  this  act,  which  said  registry  shall 
show  the  number,  date  and  amount,  and  to  whom  is  made  pay- 
able, each  of  said  bonds.  (Laws  1876,  ch.  122,  art.  10,  sec.  30.) 

SEC.  228.  Refunding  of  Outstanding  Bonded  Debt.  [5717.]  The 
board  of  education  of  any  city  of  the  first  class  is  hereby  author- 
ized and  empowered  to  refund  any  and  all  outstanding  bonds 
heretofore  issued  by  or  by  order  of  the  said  board,  by  issuing 
new  bonds  to  the  holders  of  such  outstanding  bonds  :  Provided, 
That  such  new  bonds  shall  not  be  for  a  greater  amount  than  the 
par  value  of  the  bonds  refunded.  Such  refunding  bonds  shall 
severally  be  in  such  amount  as  said  board  shall  direct,  and  shall 
state  for  what  purpose  issued,  and  be  payable  to  the  person  to 
whom  issued,  or  bearer,  within  30  years  after  date,  in  instal- 
ments as  hereinafter  provided,  and  shall  bear  interest  at  the  rate 


84  SCHOOL    LAWS    OF    KANSAS. 

not  exceeding  6  per  cent,  per  annum,  payable  semiannually  on 
January  1  and  July  1.  That  there  shall  be  attached  to  each  of 
said  bonds  60  coupons,  numbered  from  1  to  60,  and  each  of  the 
first  10  shall  be  for  the  amount  of  the  semiannual  interest  upon 
such  bond.  That  said  coupons  numbered  from  11  to  30,  both 
inclusive,  shall  be  for  the  amount  of  six  months'  interest  upon 
the  principal  of  such  bond  unpaid,  after  deducting  all  instal- 
ments of  principal  paid  or  provided  for  by  prior  maturing  cou- 
pons, and  1TV  per  cent,  of  the  principal  sum  mentioned  in  such 
bond  ;  and  the  last  30  of  such  coupons  shall  each  be  for  six 
months'  interest  upon  the  principal  of  said  bond  unpaid,  after 
deducting  all  instalments  of  principal  paid  or  provided  for  by 
prior  maturing  coupons,  and  one-thirtieth  of  the  principal  of 
said  bonds  which  shall  remain  unpaid  at  the  end  of  15  years 
from  the  date  of  such  bond  or  unprovided  for  by  prior  maturing 
coupons  ;  and  when  the  said  coupons  shall  be  fully  paid  the 
said  bonds  shall  be  of  no  further  force  or  effect :  Provided,  That 
no  bond  or  bonds  hereby  authorized  shall  be  delivered  until  the 
bond  or  bonds  to  be  surrendered  therefor  shall  be  surrendered 
and  delivered  to  the  said  board.  All  bonds  refunded  under  the 
provisions  of  this  act  shall  be  noted  as  surrendered  and  canceled 
on  the  registry  of  the  said  board,  and  the  same  shall  be  de- 
stroyed in  the  presence  of  said  board.  (Laws  1879,  ch.  81,  sec. 
3.) 

SEC.  229.  Bonds  Registered.  [5718.]  The  bonds  hereby  au- 
thorized shall  be  numbered,  and  shall  be  registered  in  the  book 
kept  by  said  board  for  the  registry  of  its  bonds ;  and  said  bonds 
shall  be  signed  by  the  president  and  clerk  of  said  board,  attested 
with  the  seal  of  said  board  by  the  clerk,  and  countersigned  by 
the  treasurer  of  said  city.  (Laws  1879,  ch.  81,  sec  4.) 

SEC.  230.  Levy  of  Bond  Tax.  [5719.]  The  board  of  educa- 
tion, and  any  and  all  boards,  body,  or  officers,  by  law  author- 
ized to  levy  and  collect  taxes  in  and  for  said  city  for  the  support 
of  schools  therein,  shall,  at  the  same  time  and  in  the  same  man- 
ner as  the  other  taxes  for  school  purposes  are  levied  and  col- 
lected, and  in  each  and  every  year  until  said  bonds  and  interest 
are  fully  paid,  as  hereinbefore  provided,  levy  or  cause  to  be 
levied  upon  all  the  property  within  the  said  city  subject  to  taxa- 
tion for  school  purposes  a  tax  or  taxes  sufficient  in  amount  to 
pay  and  discharge  two  of  the  coupons  of  each  of  the  bonds 


SCHOOL    LAWS    OF    KANSAS.  85 

issued  under  the  provisions  of  this  act,  and  then  outstanding, 
and  cause  the  same  to  be  collected  in  the  same  manner  as  other 
school  taxes  are  collected,  and  with  the  money  so  collected  pay 
and  discharge  the  coupons  for  which  said  tax  or  taxes  were 
levied.  And  it  shall  be  the  duty  of  the  clerk  of  the  said  board 
to  forthwith,  on  the  payment  of  any  such  coupons,  to  note  their 
payment  upon  the  registry  of  said  bonds,  and  present  the  same 
to  the  board,  and  in  their  presence  cancel  the  same  in  such 
manner  as  the  board  shall  direct ;  and  said  coupons  shall  be 
carefully  preserved  until  the  final  payment  of  said  bonds,  and 
then  destroyed ;  and  the  possession  of  such  coupons  by  the 
board  shall  be  conclusive  evidence  of  their  payment.  And  the 
said  board  shall  issue  no  bonds  hereafter,  except  the  refunding 
bonds  provided  for  by  this  act.  (Laws  1879,  ch.  81,  sec.  5.) 

SEC.  231.  Penalty.  [5720.]  If  said  board  of  education,  or 
other  board,  body,  or  officer,  whose  duty  it  shall  be  to  levy 
taxes  for  the  payment  of  the  coupons  of  the  said  bonds,  as  herein 
provided,  shall  neglect  or  refuse  to  levy  the  tax  or  taxes  for 
the  payment  of  the  coupons  as  by  this  act  required,  each  mem- 
ber of  such  board  or  body,  and  each  officer,  who  shall  vote 
against  or  otherwise  oppose  the  levy  and  collection  of  such  tax 
or  taxes,  or  shall  do  any  act  to  prevent  or  delay  such  levy  and 
collection,  shall  be  liable,  jointly  and  severally,  to  each  and 
every  holder  of  such  bond,  or  coupons  of  said  bonds,  which 
would  have  been  payable  from  such  taxes  if  the  same  had  been 
levied,  for  the  whole  amount  unpaid  on  such  coupons  ;  and  the 
same  may  be  recovered  in  a  civil  action  in  any  court  of  compe- 
tent jurisdiction,  and  judgment  rendered  thereon  may  be  col- 
lected and  enforced  in  the  same  manner  as  other  judgments  are 
collected  and  enforced  ;  and  any  such  officer  so  neglecting  or  re- 
fusing to  levy  such  tax  shall  also  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  fined  in  an  amount 
equal  to  the  amount  which  it  may  be  shown  should  have  been 
so  levied  during  such  year,  or  imprisoned  in  the  county  jail  for 
a  term  not  less  than  three  nor  more  than  12  months.  (Laws 
1879,  ch.  81,  sec.  6.) 

SEC.  232.  Use  of  Money  Levied  and  Collected  under  this  Act. 
[5721.]  Moneys  levied  and  collected  and  received  under  and 
pursuant  to  this  act  shall  not  be  used  or  employed  for  any  other 
purpose  than  the  payment  of  coupons  of  the  bonds  by  this  act 


86  SCHOOL    LAWS    OF    KANSAS. 

authorized  ;  and  any  member  of  said  board,  or  officer,  who  shall 
cause  such  money  so  collected  to  be  used  for  any  other  purpose, 
temporary  or  otherwise,  whatever,  or  counsel  or  consent  to  the 
same  being  so  used,  shall  be  liable  jointly  and  severally  to  the 
holder  of  any  such  bonds  or  coupons  for  any  coupons  due,  to  be 
recovered  and  collected  as  in  section  6*  hereof  specified.  (Laws 
1879,  ch.  81,  sec.  7.) 

*  Section  231  of  this  book. 


SCHOOL    LAWS    OF    KANSAS. 


87 


ARTICLE  XIII. 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 


§251.  Annual  school  tax  not  to  exceed  15  mills. 

252.  Taxable  property  subject  to  school  tax. 

253.  Meetings  of  board,  when  held. 

254.  Annual  report  of  board  shall  be  pub- 

lished, when. 

255.  Restrictions  regarding  expenditures  and 

contracts. 

256.  No  sectarian  doctrines  shall  be  taught 

in  the  city  schools. 

257.  For  what  purpose  the  board  may  issue 

bonds ;  restrictions  regarding  interest ; 
maturity  and  sale  of  bonds ;  proviso. 

258.  How  bond  elections  shall  be  conducted. 

259.  Execution  of  bonds;  signed  by  whom; 

specifications;  amount. 

260.  Annual  levy  for  interest  and  sinking-fund. 

261.  Investment  of  sinking-fund. 

262.  Paid  coupons,  how  indorsed. 

263.  Payment  of  principal  and  interest,  how 

secured. 

264.  Bonds  issued  by  the  board  to  be  regis- 

tered by  the  clerk. 

265.  Oaths  and  bonds  of  the  officers,  etc. 

266.  Treasurer  of   the   board   of   education 

elected  each  odd  year. 


§233.  Cities  of  the  second  clfcss  denned. 

234.  City  schools  free ;  who  may  be  excluded. 

235.  Adjacent  territory  may  be  attached  to 

city  for  school  purposes ;  taxation  in 
such  cases ;  members  of  board. 

236.  Third  class  changed  to  second  class. 

237.  County  superintendents  may  detach  ter- 

ritory. 

238.  Corporate  name  and  style  of  city  schools. 

239.  Cities  of  the  second  class  to  convey  prop- 

erty to  board. 

240.  Conveyance,  how  executed. 

241.  Board    of    education,    when    and    how 

elected ;  term  of  office. 

242.  Vacancy,  how  filled. 

243.  Powers  of  the  board. 

244.  Board  shall  organize,  when  and  how. 

245.  Duty  of  the  president. 

246.  Duty  of  the  vice-president. 

247.  Duty  of  the  clerk. 

248.  Clerk  shall  give  bond. 

249.  Duty  of  the  treasurer. 

250.  Superintendent  of  city  schools;  his  du- 

ties, term  of  office,  and  salary;  exam- 
ining board,  how  constituted ;  teachers 
may  be  elected,  how. 

SECTION  233.  Defined.  [5723.]  All  cities  now  organized  and 
acting  as  cities  of  the  second  class,  by  virtue  of  the  authority  of 
former  acts,  and  all  cities  hereafter  attaining  a  population  over 
2000  and  not  exceeding  15,000  inhabitants,  shall  be  governed 
by  the  provisions  of  this  act ;  and  whenever  any  city  shall  have 
hereafter  attained  a  population  exceeding  2000  inhabitants,  and 
such  fact  shall  have  been  duly  ascertained  and  certified  by  the 
proper  authorities  of  such  city  to  the  governor,  he  shall  declare, 
by  public  proclamation,  such  city  subject  to  the  provisions  of 
this  act.  The  mayor  and  council  of  such  city  shall,  at  the  time 
of  making  the  certificate  herein  provided  for,  make  out  and 
transmit  to  the  governor  an  accurate  description  by  metes  and 
bounds  of  all  the  lands  included  within  the  limits  of  such  city, 
and  the  additions  thereto,  if  any.  (Laws  1876,  ch.  122,  art.  11, 
sec.  1.) 

SEC.  234.  Free  Schools.  [5724.]  In  each  city  governed  by 
this  act  there  shall  be  established  and  maintained  a  system  of 
free  common  schools,  which  shall  be  kept  open  not  less  than 


88  SCHOOL    LAWS    OF    KANSAS. 

three  nor  more  than  10  months  in  any  one  year,  and  shall  be 
free  to  all  children  residing  in  such  city  between  the  ages  of  five 
and  21  years.  But  the  board  of  education  may,  where  school- 
room accommodations  are  insufficient,  exclude  for  the  time  being 
children  between  the  ages  of  five  and  seven  years.  (Laws  1876, 
ch.  122,  art.  11,  sec.  2.) 

SEC.  235.  Adjacent  Territory.  [Laws  1891,  ch.  183,  sec.  1.] 
Territory  outside  the  city  limits,,  but  adjacent  thereto,  may  be 
attached  to  such  city  for  school  purposes,  upon  application  to 
the  board  of  education  of  such  city  by  a  majority  of  the  electors 
of  such  adjacent  territory;  and  upon  such  application  being 
made  to  the  board  of  education,  they  shall,  if  they  deem  it 
proper  and  to  the  best  interest  of  the  schools  of  said  city  and 
territory  seeking  to  be  attached,  issue  an  order  attaching  such 
territory  to*  such  city  for  school  purposes,  and  to  enter  the  same 
upon  their  journal ;  and  such  territory  shall,  from  the  date  of 
such  order,  be  and  compose  a  part  of  such  city  for  school 
purposes  only;  and  the  taxable  property  of  such  adjacent  ter- 
ritory shall  be  subject  to  taxation,  and  shall  bear  its  full  pro- 
portion of  all  expenses  incurred  in  the  erection  of  school 
buildings  and  in  maintaining  the  schools  of  the  city.  When- 
ever the  territory  so  attached  shall  have  attained  a  population 
equal  to  one-half  that  of  any  one  ward  of  such  city,  or  when- 
ever the  taxable  property  of  such  attached  territory  shall  equal 
to  one-half65  that  of  any  one  ward  of  such  city,  such  attached 
territory  shall  be  entitled  to  elect  one  member  of  the  board  of 
education,  who  shall  be  elected  at  the  same  time  that  other 
members  of  the  board  are  elected,  by  the  qualified  electors  of 
such  territory,  at  an  election  to  be  held  at  such  place  as  the 
board  of  education  may  designate.  But  until  such  attached 
territory  shall  be  declared  to  have  attained  a  population  or  tax- 
able property  equal  to  any  one  ward  of  such  city,  such  territory 
shall  be  attached  to  the  several  wards  of  such  city  contiguous 
thereto,  as  shall  be  determined  by  the  board  of  education  of  any 
such  city,  and  when  so  attached  shall  remain  parts  of  such 
wards  for  school  purposes  only.  And  persons  residing  upon 
such  attached  territory,  possessing  the  qualifications  of  electors 
as  provided  in  section  5585  of  the  General  Statutes  of  1889, 

65  Attached  territory  must  have  attained  a  population  or  taxable  property 
equal  to  one  ward  of  the  city  before  it  is  entitled  to  a  member  of  the  school  board. 


SCHOOL    LAWS    OF    KANSAS.  89 

shall  be  qualified  to  vote  at  any  election  held  in  any  such  city 
for  school  purposes  only,  in  any  such  ward  of  such  city  to  which 
such  territory  shall  be  attached. 

SEC.  236.  Attachment  for  School  Purposes ;  Taxation;  Represen- 
tation. [5754.]  That  whenever  any  city  of  the  third  class  shall 
become  a  city  of  the  second  class,  the  territory  of  the  school  dis- 
trict wherein  such  city  is  situated  shall  be  and  remain  attached 
to  such  city  for  school  purposes,  unless  detached  by  the  county 
superintendent  of  public  instruction,  as  provided  in  section  12 
of  chapter  152  of  the  Laws  of  1881.  All  the  property  in  such 
territory  shall  be  subject  to  like  taxation  for  school  purposes  as 
the  property  in  said  city.  Whenever  the  population  or  taxable 
property  of  such  territory  outside  of  the  limits  of  such  city  shall 
equal  the  population  or  taxable  property  of  any  ward  of  such 
city,  such  territory  shall  be  entitled  to  elect  two  members  of  the 
board  of  education  of  such  city,  which  said  members  shall  be 
elected  at  the  same  time  and  in  like  manner  as  other  members 
of  such  board.  ( Laws  1887,  ch.  218,  sec.  1.) 

SEC.  237.  County  Superintendents  May  Detach  Territory. 
[Laws  1891,  ch.  88,  sec.  1.]  That  the  county  superintendents 
of  public  instruction  of  the  several  counties  of  the  state  of  Kan- 
sas are  hereby  authorized  and  empowered  to  detach  territory 
from  the  school  territory  of  cities  of  the  second  class,  if  said 
territory  sought  to  be  detached  is  outside  the  corporate  limits 
of  said  city  of  the  second  class,  notwithstanding  the  fact  that 
said  territory  forming  said  school  district  may  have  been  formed 
into  a  school  district  while  said  city  of  the  second  class  was  a 
city  of  the  third  class  :  Provided,  The  interests  of  the  public 
schools  of  the  county  may  warrant  such  action  :  Provided,  That 
no  territory  shall  be  detached  unless  a  majority  of  the  citizens 
living  in  such  territory  shall  consent  in  writing  to  the  same. 

SEC,  238.  Body  Corporate.  [5726.]  The  public  schools  oi 
each  city  organized  in  pursuance  of  this  act  shall  be  a  body 
corporate,  and  shall  possess  the  usual  powers  of  a  corporation 
for  public  purposes,  by  the  name  and  style  of  "The  board  of 

education  of  the  city  of ,  of  the  state  of  Kansas"  ;  and  in 

that  name  may  sue  or  be  sued,  and  be  capable  of  contracting 
and  being  contracted  with,  of  holding  and  conveying  such  real 
and  personal  estate  as  it  may  come  into  possession  of,  by  will  or 


90  SCHOOL    LAWS    OF    KANSAS. 

otherwise,  or  as  is  authorized  to  be  purchased  by  the  provisions 
of  this  act.  (Laws  1876,  ch.  122,  art.  11,  sec.  4.) 

SEC.  239.  Conveyance  of  Property.  [5727.]  Any  city  of  the 
second  class  is  hereby  authorized  and  required,  upon  the  re- 
quest of  the  board  of  education  of  such  city,  to  convey  to  said 
board  of  education  all  property  within  the  limits  of  any  such 
city  heretofore  purchased  by  any  such  city  for  school  purposes, 
and  now  held  and  used  for  such  purposes,  the  title  to  which  is 
vested  in  any  such  city,  (Laws  1876,  ch.  122,  art.  11,  sec.  5.) 

SEC.  240.  How  Executed.  [5728.]  All  conveyances  for  the 
property  mentioned  in  the  preceding  section  [239]  shall  be 
signed  by  the  mayor  and  attested  by  the  clerk  of  said  city,  and 
shall  have  the  seal  of  the  city  affixed  thereto,  and  be  acknowl- 
edged by  the  mayor  of  such  city  in  the  same  manner  as  other 
conveyances  of  real  estate.  (Laws  1876,  ch.  122,  art.  11,  sec.  6.) 

SEC.  241.  Board  of  Education.  [5729.]  At  each  annual  city 
election  there  shall  be  a  board  of  education,  consisting  of  two 
members  from  each  ward,  elected  by  the  qualified  voters  thereof, 
one  of  whom  shall  be  elected  annually,  and  shall  hold  his  office 
for  a  term *of  two  years,  and  until  his  successor  is  elected  and 
qualified  :  Provided,  That  no  member  of  the  board  of  education 
shall  be  a  member  of  the  council,  nor  shall  any  member  of  the 
council  be  a  member  of  the  board  of  education.  (Laws  1876,  ch. 
122,  art.  11,  sec.  7.) 

SEC.  242.  Vacancy.  [5730.]  The  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  their  body  : 
Provided,  That  any  vacancy  occurring  more  than  10  days  previ- 
ous to  the  annual  election,  and  having  an  unexpired  term  of 
one  year,  shall  be  filled  at  the  first  annual  election  thereafter ; 
and  the  ballots  and  returns  of  election  shall  be  designated  as 
follows:  "To  fill  unexpired  term."  (Laws  1876,  ch.  122,  art. 
11,  sec.  8.) 

SEC.  243.  Powers.  [5731.]  The  board  of  education  shall 
have  power  to  elect  their  own  officers,  except  the  treasurer;  to 
make  their  own  rules  and  regulations,  subject  to  the  provisions 
of  this  article  ;  to  organize  and  maintain  a  system  of  graded 
schools ;  to  establish  a  high  school  whenever  in  their  opinion 
the  educational  interests  of  the  city  demand ;  and  to  exercise 
the  sole  control  oveu  the  schools  and  school  property  of  the  city  ; 


SCHOOL    LAWS    OF    KANSAS.  91 

and  maintain  such  high  school,  in  whole  or  in  part,  by  demand- 
ing, collecting  and  receiving  a  tuition  fee  for  and  from  each  and 
every  scholar  or  pupil  attending  such  high  school.  (Laws  1889, 
ch.  224, sec.  1.) 

SEC.  244.  Organization.  [5732.]  The  board  of  education,  at 
its  regular  meeting  in  May  of  each  year,  shall  organize  by  the 
election  of  a  president  and  vice-president  from  among  its  own 
members,  each  of  whom  shall  serve  for  the  term  of  one  year,  or 
until  their  successors  are  elected  and  qualified  ;  they  shall  also 
elect  a  clerk,  who  shall  hold  his  office  during  the  pleasure  of  the 
board,  and  who  shall  receive  such  compensation  for  his  services 
as  the  board  may  allow.  (Laws  1876,  ch.  122,  art.  11,  sec.  10.) 

SEC.  245.  President.  [5733.]  It  shall  be  the  duty  of  the 
president  to  preside  at  all  the  meetings  of  the  board  of  education, 
to  appoint  all  committees  whose  appointment  is  not  otherwise 
provided  for,  and  to  sign  all  warrants  ordered  by  the  board  of 
education  to  be  drawn  upon  the  treasurer  for  school  moneys. 
(Laws  1876,  ch.  122,  art.  11,  sec.  11.) 

SEC.  246.  Vice-president.  [5734.]  It  shall  be  the  duty  of  the 
vice-president  to  perform  all  the  duties  of  the  president  in  case 
of  his  absence  or  disability.  (Laws  1876,  ch.  122,  art.  11,  sec. 
12.) 

SEC.  247.  Clerk.  [5735.]  It  shall  be  the  duty  of  the  clerk 
to  be  present  at  all  meetings  of  the  board ;  to  keep  an  accurate 
journal  of  its  proceedings  ;  to  take  charge  of  its  books  and  docu- 
ments ;  to  countersign  all  warrants  for  school  moneys  drawn 
upon  the  treasurer  by  order  of  the  board  of  education,  and  per- 
form such  other  duties  as  the  board  of  education  or  its  commit- 
tees may  require.  (Laws  1876,  ch.  122,  art.  11,  sec.  13.) 

SEC.  248.  Bond  of  Clerk.  [5736.]  Before  entering  upon  the 
discharge  of  his  duties,  the  clerk  of  the  board  of  education  shall 
give  bond  in  the  sum  of  $1000,  with  good  and  sufficient  sure- 
ties, to  be  approved  by  the  board,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office.  (Laws  1876,  ch.  122, 
art.  11,  sec.  14.) 

SEC.  249.  Treasurer.  [5737.]  The  treasurer  shall  prepare 
and  submit  in  writing  a  monthly  report  of  the  state  of  the 
finances  of  the  district ;  and  shall,  when  required,  produce  at 
any  meeting  of  the  board,  or  any  committee  appointed  for  the 


92  SCHOOL   LAWS   OF   KANSAS. 

purpose  of  examining  his  accounts,  all  books  and  papers  per- 
taining to  his  office  ;  he  shall  pay  moneys  only  upon  a  warrant 
signed  by  the  president,  or  in  his  absence  by  the  vice-president, 
and  countersigned  by  the  clerk  ;  and  shall  execute  a  bond  in 
such  sum  as  the  board  may  require,  with  sufficient  sureties,  to 
be  approved  by  the  board,  conditioned  for  the  faithful  discharge 
of  his  duties  of  treasurer  to  such  board.  (Laws  1876,  ch  .122, 
art.  11,  sec.  15.) 

SEC.  250.  Superintendent;  Examining  Committee;  Teachers. 
[Laws  1899,  ch.  178,  sec.  2.]  The  board  of  education,  at  such 
times  as  they  shall  deem  expedient,  shall  elect  a  superintend- 
ent of  schools,  in  no  case  a  member  of  their  own  body,  whose 
duty  it  shall  be  to  have  a  general  supervision  of  the  schools  of 
the  city,  subject  to  the  rules  and  regulations  of  the  board,  who 
shall  hold  his  office  during  the  pleasure  of  the  board,  and  shall 
receive  such  compensation  as  that  body  may  allow.  The  board 
shall  also  appoint  two  competent  persons,  who,  with  the  super- 
intendent as  chairman  thereof,  shall  be  styled  the  examining 
committee  of  the  board  of  education,  whose  duty  it  shall  be  to 
examine  all  persons  who  may  apply  to  them  as  teachers  ;  and 
no  person,  except  one  who  holds  a  diploma  or  a  certificate  from 
the  state  board  of  education,  or  a  diploma  from  the  state  nor- 
mal school,  shall  be  elected  by  the  board  as  teacher  who  cannot 
produce  a  certificate  from  the  examining  committee,  signed  by 
all  or  a  majority  of  them,  and  setting  forth  that  such  a  person 
is  competent  to  teach  in  such  department  of  the  public  schools 
as  may  be  stated  in  the  certificate  and  is  a  person  of  good  moral 
character  ;  and  the  board  may  fill  any  vacancy  which  may  oc- 
cur in  the  examining  committee.66 

SEC.  251.  Annual  School  Tax.  [5739.]  That  the  board  of 
education  shall,  on  or  before  the  15th  day  of  August  of  each 
year,  levy  a  tax  for  the  support  of  the  schools  of  the  city  for  the 

66  Qualifications  of  Teachers  in  Cities  of  the  First  and  Second  Class. 
The  school  law  authorizes  the  board  of  education  in  a  city  of  the  first  or  second 
class  to  examine  teachers  as  to  their  qualification  to  teach  in  any  given  depart- 
ment of  the  public  schools  of  such  city.  After  said  examination,  the  certificate 
given  to  such  person,  containing  a  statement  of  qualification  to  teach  in  the  de- 
partment or  departments  for  which  examined  and  evidence  also  of  good  moral 
character,  is  a  valid  certificate,  and  the  board  may  employ  such  person  from  year 
to  year  without  further  examination,  or  may  require  such  person  to  pass  exami- 
nation and  obtain  a  certificate,  at  their  discretion.  Cities  of  the  first  and  second 
class  must  recognize  certificates  and  diplomas  issued  by  the  state  board  of  edu- 
cation. 


SCHOOL    LAWS    OF    KANSAS.  93 

fiscal  year  next  ensuing,  not  exceeding  in  any  one  year  15  mills 
on  the  dollar  on  all  personal,  mixed  and  real  property  within 
the  district  which  is  taxable  according  to  the  laws  of  the  state 
of  Kansas,  which  levy  shall  be  approved  by  the  city  council ; 
and  when  so  approved  the  clerk  of  the  board  shall  certify  to  the 
county  clerk,  who  is  hereby  authorized  and  required  to  place 
the  same  on  the  tax-roll  of  said  county,  to  be  collected  by  the 
treasurer  of  the  county  as  are  other  taxes,  and  paid  over  by  him 
to  the  treasurer  of  the  board  of  education,  of  whom  he  shall 
take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in  his  of- 
fice and  the  other  he  shall  forthwith  transmit  to  the  clerk  of 
the  board  of  education.  (Laws  1886,  ch.  149,  sec.  1.) 

SEC.  252.  Taxable  Property.  [5740.]  The  taxable  property 
of  the  whole  city,  including  the  territory  attached  for  school 
purposes,  shall  be  subject  to  taxation.  All  taxes  collected  for 
the  benefit  of  the  schools  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of  the 
board  of  education.  (Laws  1876,  ch.  122,  art.  11,  sec.  19.) 

SEC.  253.  Meetings  of  the  Board.  [5741.]  The  regular  meet- 
ings of  the  board  of  education  shall  be  upon  the  first  Monday 
of  each  month,  but  special  meetings  may  be  held  from  time  to 
time,  as  circumstances  may  demand.  (Laws  1876,  ch.  122,  art. 
11,  sec.  20.) 

SEC.  254.  Annual  Report.  [5742.]  The  board  of  education, 
at  the  close  of  each  school  year  or  as  soon  thereafter  as  practi- 
cable, shall  make  an  annual  report  of  the  progress,  prosperity, 
and  condition,  financial  as  well  as  educational,  of  all  the  schools 
under  their  charge  ;  and  said  report,  or  such  portion  of  it  as 
the  board  of  education  shall  consider  of  advantage  to  the  pub- 
lic, shall  be  printed  either  in  a  public  newspaper  or  in  pam- 
phlet form.  (Laws  1876,  ch.  122,  art.  11,  sec.  21.) 

SEC.  255.  Expenditures;  Contracts.  [5743.]  No  expenditures 
involving  an  amount  greater  than  $200  shall  be  made  except  in 
accordance  with  the  provisions  of  a  written  contract,  and  no 
contract  involving  an  expenditure  of  more  than  $500  for  the 
purpose  of  erecting  any  public  buildings  or  making  any  im- 
provements shall  be  made  except  upon  sealed  proposals,  and  to 
the  lowest  responsible  bidder.  (Laws  1876,  ch.  122,  art.  11, 
sec.  22.) 


94  SCHOOL    LAWS    OF    KANSAS. 

SEC.  256.  Sectarian  Doctrine.  [5744.]  No  sectarian  doctrine 
shall  be  taught  or  inculcated  in  any  of  the  public  schools  of  the 
city ;  but  the  holy  scriptures,  without  note  or  comment,  may 
be  used  therein.  (Laws  1876,  ch.  122,  art.  11,  sec.  23.) 

SEC.  257.  Bonds.  [5745.]  Whenever  it  shall  become  neces- 
sary, by  the  board  of  education,  in  order  to  raise  sufficient 
funds  for  the  purchase  of  a  school  site  or  sites,  or  to  erecb  a 
suitable  building  or  buildings  thereon,  or  to  fund  any  bonded 
indebtedness,  it  shall  be  lawful  for  the  board  of  education  of 
every  city  coming  under  the  provisions  of  this  act  to  borrow 
money,  for  which  they  are  hereby  authorized  and  empowered 
to  issue  bonds,  bearing  a  rate  of  interest  not  exceeding  10  per 
cent,  per  annum,  payable  annually  or  semiannually,  at  such 
place  as  may  be  mentioned  upon  the  face  of  said  bonds,  which 
bonds  shall  be  payable  in  not  more  than  20  years  from  their 
date  ;  and  the  board  of  education  is  hereby  authorized  and  em- 
powered to  sell  such  bonds  at  not  less  than  90  cents  on  the  dol- 
lar :  Provided,  That  no  bonds  shall  be  issued  until  the  question 
shall  be  submitted  to  the  people,  and  a  majority  of  the  qualified 
electors  who  shall  vote  on  the  question  at  an  election  called  for 
that  purpose  shall  have  declared  by  their  votes  in  favor  of  issu- 
ing such  bonds.  (Laws  1876,  ch.  122,  art.  11,  sec.  24.) 

SEC.  258.  Bond  Election.  [5746.]  It  shall  be  the  duty  of  the 
mayor  of  each  city  governed  by  this  act,  upon  the  request  of  the 
board  of  education,  forthwith  to  call  an  election,  to  be  conducted 
in  all  respects  as  are  the  elections  for  city  officers  in  the  same 
cities,  except  that  the  returns  shall  be  made  to  the  board  of  edu- 
cation, for  the  purpose  of  taking  the  sense  of  such  district  upon 
the  question  of  issuing  such  bonds,  naming  in  the  proclamation 
of  such  election  the  amount  of  bonds  asked  for,  and  the  purpose 
for  which  they  are  to  be  issued.  (Laws  1876,  ch.  122,  art.  11, 
sec.  25.) 

SEC.  259.  Execution  of  Bonds.  [5747.]  The  bonds,  the  issu- 
ance of  which  is  provided  for  in  the  foregoing  section  [258] , 
shall  be  signed  by  the  president,  attested  by  the  clerk  and  coun- 
tersigned by  the  treasurer  of  the  board  of  education  ;  and  said 
bonds  shall  specify  the  rate  of  interest  and  the  time  when  prin- 
cipal and  interest  shall  be  paid,  and  each  bond  so  issued  shall 
be  for  a  sum  not  less  than  $50.  (Laws  1876,  ch.  122,  art.  11, 
sec.  26.) 


SCHOOL    LAWS    OF    KANSAS.  95 

SEC.  2GO.  Levy  for  Interest  and  Sinking-funds.  [5748.]  The 
board  of  education,  at  the  time  of  its  annual  levy  of  taxes  for 
the  support  of  schools  as  hereinbefore  provided,  shall  also  levy 
a  sufficient  amount  to  pay  the  interest  as  the  same  accrues  on 
all  bonds  issued  under  the  provisions  of  this  article,  and  also 
to  create  a  sinking-fund  for  the  redemption  of  said  bonds,  which 
it  shall  levy  and  collect,  in  addition  to  the  rate  per  cent,  author- 
ized by  the  provisions  aforesaid  for  school  purposes  ;  and  said 
amount  of  funds,  when  paid  into  the  treasury,  shall  be  and  re- 
main a  specific  fund  for  said  purpose  only,  and  shall  not  be 
appropriated  in  any  other  way  except  as  hereinafter  provided. 
(Laws  1876,  ch.  122,  art.  11,  sec.  27.) 

SEC.  261.  Use  of  Sinking-fund.  [5749.]  All  moneys  raised 
for  the  purpose  of  creating  a  sinking-fund  for  the  final  redemp- 
tion of  all  bonds  issued  under  this  article  shall  be  invested  an- 
nually by  the  board  of  education  in  the  bonds  of  the  state  of 
Kansas,  or  of  the  United  States,  or  the  board  may  buy  and  can- 
cel the  bonds  of  the  district  whenever  such  may  be  purchased 
at  or  below  par.  (Laws  1876,  ch.  122,  art.  11,  sec.  28.) 

SEC.  262.  Interest.  [5750.]  Whenever  the  interest  coupons 
of  the  bonds  hereinbefore  authorized  shall  become  due,  they 
shall  be  promptly  paid,  on  presentation,  by  the  treasurer,  out 
of  money  in  his  hands  collected  for  that  purpose  ;  and  he  shall 
indorse  upon  the  face  of  such  coupons  in  red  ink  the  word 
"  Paid/'  and  the  date  of  payment,  and  sign  the  initials  of  his 
name.  (Laws  1876,  ch.  122,  art.  11,  sec.  29.) 

SEC.  263.  Security.  [5751.]  The  school  fund  and  property 
of  such  city  and  territory  attached  for  school  purposes  are 
hereby  pledged  to  the  payment  of  the  interest  and  principal  of 
the  bonds  mentioned  in  this  article,  as  the  same  may  become 
due.  (Laws  1876,  ch.  122,  art.  11,  sec.  30.) 

SEC.  264.  Bond  Registry.  [5752.]  It  shall  be  the  duty  of  the 
clerk  of  the  board  of  education  to  register  in  a  book  provided 
for  that  purpose  the  bonds  issued  under  this  article,  and  all 
warrants  issued  by  the  board,  which  said  register  shall  show 
the  number,  date  and  amount  of  said  bonds,  and  to  whom  made 
payable.  (Laws  1876,  ch.  122,  art.  11,  sec.  31.) 

SEC.  265.  Oath  of  Office.  [5753.]  Each  member  of  the 
board  of  education  and  officer  provided  for  in  this  article  shall 
take  and  subscribe  an  oath  or  affirmation  to  support  the  consti- 
tution of  the  United  States,  the  constitution  of  the  state  of  Kan- 


96  SCHOOL    LAWS    OF    KANSAS. 

sas,  and  faithfully  perform  the  duties  of  his  office.  The  oath 
and  bond  of  the  clerk  shall  be  filed  with  the  treasurer.  All 
other  oaths  and  bonds  shall  be  filed  with  the  clerk.  (Laws  1876, 
ch.  122,  art.  11,  sec.  32.) 

SEC.  266.  Treasurer  of  the  Board.  [769.]  There  shall  be 
elected,  on  the  first  Tuesday  of  April  of  each  odd-numbered  year, 
a  mayor,  police  judge,  city  treasurer,  and  treasurer  of  the  board 
of  education,  together  with  councilmen,  members  of  the  board 
of  education,  justices  of  the  peace  and  constables  as  herein  pro- 
vided. The  mayor  shall  appoint,  by  and  with  the  consent  of 
the  council,  a  city  marshal,  a  city  clerk,  a  city  attorney,  and 
city  assessor,  and  may  appoint  an  assistant  marshal,  city  engi- 
neer, street  commissioner,  and  such  policemen  and  other  officers 
as  they  may  deem  necessary.  The  officers  so  appointed  and 
confirmed  shall  hold  their  offices  for  the  term  of  one  year,  and 
until  their  successors  are  appointed  and  qualified  ;  the  council 
shall  by  ordinance  specify  their  'duties  and  compensation,  and 
by  ordinance  abolish  any  office  created  by  them  whenever  they 
may  deem  it  expedient.  The  mayor,  councilmen,  members  of  the 
board  of  education,  justices  of  the  peace,  constables,  city  treas- 
urer, police  judge  and  treasurer  of  the  board  of  education  shall 
hold  their  offices  for  the  term  of  two  years,  and  all  other  officers 
for  the  term  of  one  year  :  Provided,  At  the  first  annual  election 
after  the  organization  of  any  city  there  shall  be  two  council- 
men  and  two  members  of  the  board  of  education  elected  from 
each  ward,  one  of  whom  shall  serve  for  one  year  and  one  for 
two  years,  and  one  councilman  and  one  member  of  the  board  of 
education  shall  be  elected  from  each  ward  at  each  annual  elec- 
tion thereafter  :  Provided,  That  no  member  of  the  board  of  edu- 
cation shall  be  a  member  of  the  council,  nor  shall  any  member 
of  the  council  be  a  member  of  the  board  of  education,  and  no 
person  shall  hold  the  office  of  police  judge  and  justice  of  the 
peace  at  the  same  time  :  And  provided  further,  That  in  cities 
having  a  population  of  over  10,000  inhabitants  the  board  of 
education  shall  consist  of  six  members  only.  There  shall  be 
elected  in  such  cities,  on  the  first  Tuesday  of  April,  1885,  six 
members  of  the  board  of  education,  two  of  whom  shall  serve 
for  one  year,  two  for  two  years,  and  two  for  three  years,  and  at 
the  annual  election  every  year  thereafter  two  members  of  the 
board  of  education  shall  be  elected  for  the  term  of  three  years. 
(Laws  1885,  ch.  99,  sec.  3.) 


SCHOOL   LAWS   OF   KANSAS,  JJ         97 


ARTICLE  XIV. 

PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS. 


1.  Cities  of  the  third  class  defined ;  govern- 
ment of  public  schools. 


§268.  Shall  not  be  detached  from  school  dis- 
tricts, etc. 


SECTION  267.  Defined.  [5755.]  Public  schools  in  incorpo- 
rated cities  which  have  not  less  than  250  and  not  over  2000  in- 
habitants, if  not  otherwise  provided  for  by  law,  shall  be 
governed  by  the  provisions  of  this  act  which  apply  to  the  or- 
ganization and  maintenance  of  district  schools  or  of  union  or 
graded  schools.67  (Laws  1876,  ch.  122,  art.  12,  sec.  1.) 

SEC.  268.  Area.  [5756.]  That  no  portion  of  the  corpora- 
tion of  a  city  of  the  third  class  shall  be  detached  from  the 
school  district  in  which  the  city  is  located,  and  the  whole  of 
such  corporation  shall  be  and  remain  in  one  school  district  for 
the  purpose  of  schools  and  taxation.  ( Laws  1876,  ch.  122,  art. 
12,  sec.  2.) 

67  In  providing  for  union  or  graded  schools,  although  the  law  states  that 
single  districts  may  take  advantage  of  the  provisions  of  the  act,  it  is  evident 
that  the  law  contemplates  only  the  organization  of  a  school  or  schools  for  in- 
struction in  the  higher  branches,  and  therefore  could  not  apply  to  a  system  of 
schools  in  a  city  of  the  third  class,  in  which  are  found  primary  and  intermediate 
grades  as  well.  It  is  held,  therefore,  that  cities  of  the  third  class  must  elect 
their  boards  of  education  at  the  time  of  the  annual  meeting  legally  fixed  for  the 
last  Thursday  in  July, 


98 


SCHOOL    LAWS    OF    KANSAS, 


ARTICLE   XV. 


SCHOOL-DISTRICT  BONDS. 


§269.  Purposes  for  which  district  bonds  may 
be  issued,  and  restrictions  concerning 
the  same. 

270.  Bond  elections ;  notices  of,  and  how  con- 

ducted. 

271.  Denominations,  rates  of  interest,  and  dis- 

posal of  bonds. 

272.  Bonds  must  be  registered. 

273.  Sinking-fund,  how  provided  and  invested. 

274.  Penalty  for  issuing  bonds  without  au- 

thority, and  for  misappropriation  of 
the  proceeds. 

275.  Final  disposition  of  paid  bonds  and  cou- 

pons. 

276.  Districts  not  affected  by  this  act. 

277.  Bonds  not  issued. 


§278.  Providing  for  the  sale  of  certain  munici- 
pal bonds  to  the  board  of  state  school- 
fund  commissioners. 

279.  Bonds  belonging  to  the  state  permanent 

school  fund  may  be  paid  before  matu- 
rity. 

280.  Payment  of  bonds  belonging  to  the  state 

permanent  school  fund  to  be  made  to 
the  state  treasurer. 

281.  State  treasurer  to  inform  county  and  city 

treasurer  of  bonds  belonging  to  state 
permanent  school  fund. 

282.  Remittance  of  funds  to  state  treasurer. 

283.  Bonds  to  be  canceled  by  state  treasurer. 

284.  Penalty  for  city  and  county  treasurers 

refusing  to  act. 


SECTION  269.  School-District  Bonds.  [5757.]  That  for  the 
purpose  of  erecting  or  purchasing  one  or  more  schoolhouses  in 
and  for  any  school  district  in  the  state  of  Kansas,  the  board  of 
directors  of  the  same  shall  have  power  to  issue  the  bonds  of  the 
district  in  an  amount  not  to  exceed  6  per  cent,  of  its  taxable 
property,  as  shown  in  the  last  assessment  thereof.68  And  for 
the  purpose  of  extending  the  time  of  payment  of  the  bonded  in- 
debtedness of  any  school  district,  the  board  of  directors  of  the 
same  shall  have  power  to  issue  the  bonds  of  the  district  in  a 
sum  not  to  exceed  in  amount  its  outstanding  bonded  indebted- 
ness :  Provided,  That  no  such  bonds  shall  be  issued  until,  at  an 
election  called  for  that  purpose,  the  question  shall  have  been 
submitted  to  the  qualified  electors  of  the  district,  and  a  major- 
ity of  all  the  qualified  electors  in  the  district  shall  have  declared 
by  their  ballots  in  favor  of  issuing  the  same  :  And  provided  fur- 
ther, That  no  such  election  shall  be  ordered  unless  a  petition, 
stating  the  purpose  for  which  the  bonds  are  to  be  issued  and 
signed  by  at  least  one-third  of  the  qualified  electors  of  said  dis- 
trict, shall  have  been  presented  to  the  district  board,  praying 
that  a  vote  be  taken  for  the  issuing  of  such  amount  of  bonds  as 
may  be  asked  for  therein  :  And  provided  further,  That  it  shall  be 

68  Bonds  issued  to  pay  an  indebtedness  already  contracted  are  illegal,  School- 
district  bonds  cannot  be  issued  except  for  the  purpose  of  erecting  or  purchasing 
one  or  more  school  housee, 


SCHOOL    LAWS    OF    KANSAS.  99 

unlawful  for  any  school  district  to  create  any  bonded  indebted- 
ness unless  there  are  at  least  15  persons  between  the  ages  of  five 
and  21  years  actually  residing  within  the  limits  thereof,  as 
shown  by  a  sworn  census  return,  taken  by  the  direction  of  the 
board  of  directors  of  such  school  district.69  (Laws  1883,  ch.  132, 
sec.  1.) 

SEC.  270.  Election.  [5758.]  Whenever  such  a  petition,  so 
signed,  shall  be  presented  to  the  board  of  directors  of  any  school 
district,  praying  that  a  vote  be  taken  on  the  question  of  issu- 
ing the  bonds  of  the  said  district,  it  shall  be  the  duty  of  the 
district  board  immediately  to  order  an  election  for  the  purpose 
of  determining  the  question  of  the  issuing  of  bonds  as  prayed 
for,  and  forthwith  to  give  notice,  by  posting  up  written  or  printed 
notices,  signed  by  the  clerk,  in  five  of  the  most  public  places  in 
the  district,  which  notices  shall  be  posted  up  at  least  10  days 
before  such  election,70  and  shall  state  therein  the  object  for 
which  the  election  was  called  and  the  manner  in  which  the 
question  shall  be  voted  upon.  The  said  election  shall  be  con- 
ducted in  all  respects  as  are  general  elections  under  the  laws  of 
the  state,  except  that  females  of  the  age  of  21  years  shall  be  en- 
titled to  vote  at  all  such  elections,  subject  only  to  the  excep- 
tions applied  to  males  ;  and  the  returns  of  the  election  shall  be 
the  same,  except  that  they  shall  be  made  to  the  district  board. 
(Laws  1879,  ch.  49,  sec.  2.) 

SEC.  271.  Issuance.  [5759.]  The  bonds  herein  provided  for 
shall  be  issued  in  denominations  of  not  less  than  $  100  nor  more 
than  f  500  each  ;  they  shall  bear  interest  at  a  rate  not  to  exceed 
7  per  cent,  per  annum,  payable  semiannually  on  the  1st  days  of 

69  Build  Schoolhouse.  School  districts  having  less  than  15  children  of  school 
age  within  their  limits  are,  by  the  terms  of  the  law  providing  for  the  issuance  of 
school-district  bonds,  prohibited  and  debarred  from  raising  funds  for  the  build- 
ing or  purchase  of  schoolhouses  by  the  issuance  of  school-district  bonds,  Such 
school  districts  can  provide  funds  for  the  building  of  schoolhouses  by  issuing 
school-district  warrants,  to  the  extent  and  within  the  limitation  of  section  43,  School 
Laws  1895,  but  not  otherwise.  It  is  within  the  power  of  school  districts,  under 
said  section,  to  vote  a  tax  annually,  not  exceeding  2  per  cent,  on  the  taxable  prop- 
erty in  the  district,  for  school  purposes,  and  to  distribute  such  portion  of  the 
amount  of  such  tax  as  the  school  meeting  shall  deem  proper  for  the  purpose  of 
building,  hiring  or  purchasing  a  schoolhouse  for  the  district,  Beyond  this  the 
district  cannot  go,  School  warrants  for  building  schoolhouses  cannot  be  issued 
in  excess  of  this  amount  authorized  by  law,  upon  the  expectation  that  in  subse- 
quent years  the  school  district  will  provide  funds  for  the  payment  of  the  same  by 
taxation, 

70  Ten  days  should  intervene  between  the  date  of  posting  the  election  noticed 
and  the  day  of  the  election,  without  counting  either  of  the  two  dates* 


100  SCHOOL    LAWS    OF    KANSAS. 

January  and  July  of  each  year,  at  such  place  as  shall  be  desig- 
nated in  the  bonds,  the  principal  of  the  bonds  being  made  pay- 
able within  15  years  from  their  date.  These  bonds  shall  specify 
on  their  face  the  date  of  issue,  amount,  for  what  purpose  and  to 
whom  issued,  the  time  they  run,  the  rate  and  times  of  payment 
of  interest,  and  shall  have  coupons  attached  for  the  interest  as 
it  becomes  due,  said  coupons  being  so  arranged  that  the  last 
one  shall  fall  due  at  the  time  of  the  maturity  of  the  bond.  Said 
bonds  and  coupons  thereto  attached  shall  be  signed  by  the  di- 
rector and  countersigned  by  the  clerk,  and  after  registration  by 
the  county  clerk  shall  be  negotiable  and  transferable  by  deliv- 
ery, and  may  be  disposed  of  by  the  district  board  at  not  less 
than  95  cents  on  the  dollar,  and  the  proceeds  of  the  same  ap- 
plied as  provided  for  in  the  petition  at  which  issuance  of  the 
bonds  was  authorized.  (Laws  1879,  ch.  49,  sec.  3.) 

SEC.  272.  Registration.  [5760.]  Before  delivering  any  school- 
district  bonds,  the  board  of  directors  of  the  district  issuing  the 
same  shall  cause  them  to  be  registered  with  the  clerk  of  the 
county  in  which  the  said  district  is  located.  And  it  shall  be 
the  duty  of  the  county  clerk,  on  presentation  of  any  school 
bonds  for  registry,  to  register  the  same  in  a  book  prepared  for 
that  purpose,  which  register  shall  contain  (1)  the  number  of 
the  district ;  (2)  the  number  of  the  bond  ;  (3)  date  of  bond; 
(4)  to  whom  payable ;  (5)  when  [where]  payable  ;  (6)  when 
due;  (7)  when  interest  is  due;  (8)  amount  of  bond.  The 
county  clerk  shall  furnish  one  copy  of  his  register  to  the  county 
treasurer,  and  forward  one  copy  to  the  state  superintendent,  to- 
gether with  a  statement  showing  (1)  the  number  of  sections  of 
land  in  the  district  issuing  such  bonds  ;  (2)  the  number  of  acres 
of  lands  assessed  and  subject  to  taxation  in  said  district ;  (3) 
the  assessed  valuation  of  taxable  lands  ;  (4)  the  assessed  valu- 
ation of  all  personal  property  in  sucU  district ;  which  statement 
shall  be  signed  by  each  member  of  the  school  board  issuing  the 
bonds,  and  the  county  clerk  shall  certify  under  the  official  seal 
of  his  office  to  the  correctness  of  the  statement  and  the  genuine- 
ness of  the  signatures  attached  thereto.  (Laws  1879,  ch.  49, 
sec.  4.) 

SEC.  273.  Interest  and  Sinking-fund,  [5761.]  It  shall  be 
the  duty  of  the  board  of  county  commissioners  of  each  county 
to  levy,  annually,  upon  all  the  taxable  property  in  each  district 


SCHOOL    LAWS    OF    KANSAS.  101 

in  such  county,  a  tax  sufficient  to  pay  the  interest  accruing 
upon  any  bonds  issued  by  such  district,  and  to  provide  a  sink- 
ing-fund for  the  final  redemption  of  the  bonds,  such  levy  to  be 
made  with  the  annual  levy  of  the  county  and  the  taxes  collected 
with  the  other  taxes,  and  when  collected  shall  be  and  remain 
in  the  hands  of  the  county  treasurer,  a  specific  fund  for  the  pay- 
ment of  the  interest  upon  such  bonds,  and  for  their  final  pay- 
ment at  maturity  :  Provided,  That  moneys  in  the  hands  of  the 
county  treasurer  belonging  to  the  sinking-funds  of  the  several, 
school  districts  in  such  county  shall  be  invested  by  the  county 
treasurer,  (1)  in  the  bonds  of  the  district  to  which  said  sinking- 
fund  belongs,  provided  such  bonds  can  be  purchased  at  a  price 
not  exceeding  their  market  or  par  value  ;  (2)  in  the  bonds  of 
other  school  districts  of  this  state  maturing  before  the  bonds 
for  which  such  fund  is  raised,  provided  the  same  can  be  pur- 
chased at  a  price  not  exceeding  their  market  or  par  value  ;  (3) 
in  the  bonds  of  the  state  of  Kansas,  or  of  the  United  States. 
(Laws  1879,  ch.  49,  sec.  5.) 

SEC.  274.  Penalty.  [5762.]  If  any  school-district  officer, 
whose  duty  it  is  under  the  provisions  of  this  act  to  issue  or  as- 
sist in  any  manner  in  the  issuance  of  the  bonds  of  any  school 
district,  shall  prepare,  sign  or  deliver,  or  aid,  counsel  or  assist 
in  preparing,  signing  or  delivering,  or  shall  cause  to  be  pre- 
pared, signed,  or  delivered,  any  bond  or  bonds  of  any  school  dis- 
trict, at  any  time  before  such  bond  or  bonds  are  authorized  by 
this  act  to  be  prepared,  signed  or  delivered,  such  officer  shall  be 
guilty  of  a  felony,  and  upon  conviction  shall  be  fined  in  a  sum 
of  not  less  than  $500  nor  more  than  $5000,  or  by  imprisonment 
in  the  penitentiary  for  not  less  than  one  year  and  not  longer  than 
five  years,  or  by  both  such  fine  and  imprisonment.  And  if  the 
board  of  directors  of  any  school  district,  or  any  member  thereof, 
shall  use  or  dispose  of  any  school-district  bonds,  or  the  money 
accruing  from  the  sale  of  such  bonds,  in  any  other  manner  or 
for  any  other  purpose  than  that  for  which  the  same  was  created 
or  intended,  he  or  they  shall  be  liable  to  be  punished  by  fine  in 
any  sum  not  less  than  $1000,  by  information  or  indictment  in 
any  court  of  competent  jurisdiction,  or  by  imprisonment  in  the 
county  jail  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment.  (Laws  1879,  ch.  49,  sec.  6.) 


102  SCHOOL   LAWS    OF   KANSAS. 

SEC.  275.  Final  Disposition.  [5763.]  On  the  payment  of  the 
bonds  or  coupons  of  any  school  district,  the  county  treasurer 
shall  immediately  cancel  the  same,  and  indorse  thereon  the  date 
of  payment ;  and  at  the  time  of  his  settlements  with  the  several 
school-district  treasurers  of  his  county  he  shall  deliver  to  each 
the  canceled  bonds  and  coupons  of  his  district,  and  take  a  re- 
ceipt therefor,  and  such  canceled  bonds  and  coupons  shall  be 
destroyed  by  the  district  treasurer  in  the  presence  of  all  the 
officers  of  the  district,  a  complete  record  of  their  destruction 
being  made  by  the  district  clerk.  On  the  last  Saturday  of  July 
of  each  year,  each  and  every  county  treasurer  shall  make  to  the 
clerk  of  his  county  a  detailed  report  of  all  the  bonds  and  coupons 
canceled  during  the  year,  and  the  date  of  payment  of  the  same, 
accompanied  by  the  receipts  given  by  district  treasurers  there- 
for ;  and  the  county  clerk  shall  immediately  thereafter  cancel 
the  registry  of  all  such  bonds  and  coupons  by  indorsing  thereon 
the  date  of  payment  of  each.  (Laws  1879,  ch.  49,  sec.  7.) 

SEC.  276.  Rights  Saved.  [5764.]  The  provisions  of  this  act 
shall  not  apply  to  any  school  district  where  any  election  has 
already  been  held  for  the  purpose  of  authorizing  the  issue  of 
school-district  bonds,  but  the  same  shall  be  issued  as  now  pro- 
vided by  law.  (Laws  1879,  ch.  49,  sec.  8.) 

SEC.  277.  When  not  Issued.  [1577.]  .  .  .  No  bonds,  ex- 
cept for  the  erection  and  furnishing  of  schoolhouses,  shall  be 
voted  for  and  issued  by  any  county  or  township  within  one 
year  after  the  organization  of  such  new  county.  .  .  .  (Laws 
1887,  ch.  128,  sec.  1.) 

SEC.  278.  Sale  of  Certain  Municipal  Bonds  to  the  Board  of 
State  School-Fund  Commissioners.  [6661.]  That  the  several 
boards  of  county  commissioners,  boards  of  education  of  cities  of 
the  first  and  second  class,  and  the  officers  of  school  districts 
and  townships,  and  all  other  municipal  officers  who  have  charge 
of  the  sale  of  any  bonds  which  the  board  of  commissioners  of 
the  state  permanent  school  fund  or  the  loan  commissioner  of 
the  state  agricultural  college  are  authorized  to  purchase  under 
the  law,  are  hereby  directed  to  sell  such  bonds  to  said  board  of 
commissioners  of  the  state  permanent  school  fund  or  the  loan 
commissioner  of  the  state  agricultural  college,  unless  they  can 
obtain  a  higher  price  therefor  from  other  persons ;  and  it  shall 


SCHOOL    LAWS    OP    KANSAS.  103 

be  unlawful  for  any  such  municipal  boards,  members  thereof, 
or  other  municipal  officers,  to  sell  any  such  bonds  at  par  or  less 
than  par  without  having  first  offered  said  bonds  to  said  board 
of  commissioners  of  the  state  permanent  school  fund  and  the 
loan  commissioner  of  the  state  agricultural  college  ;  and  every 
municipal  board  or  member  thereof,  or  other  municipal  officer, 
who  shall  sell  any  such  bonds  to  any  other  person  at  par,  or  for 
a  sum  less  than  par  with  interest  accrued  thereon  to  date  of 
delivery  of  same,  without  having  first  given  the  board  of  com- 
missioners of  the  state  permanent  school  fund  and  the  loan 
commissioner  of  the  state  agricultural  college  an  opportunity  to 
purchase  same  at  par,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  fine  not  exceeding 
|500,  or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months.  (  Laws  1889,  ch.  76,  sec.  1.) 

SEC.  279.  Payment  Before  Maturity.  [5828.]  If  at  anytime 
any  board  of  education,  school  district,  township  or  county  shall 
have  accumulated  in  the  treasury  sinking-fund  sufficient  to  pay 
in  full  any  bond  or  bonds  issued  by  such  board  of  education, 
school  district,  township  or  county  before  the  maturity,  the 
state  permanent  school  fund,  state  normal  school  fund,  or  the 
university  permanent  school  fund  or  agricultural  college  en- 
dowment fund  being  the  holders  thereof,  such  board  of  educa- 
tion, school  district,  township  or  county  may  pay  the  same  to 
the  state  treasurer  at  the  time  any  interest  coupon  is  due,  and 
take  up  such  bond  or  bonds  ;  and  the  state  treasurer  is  hereby 
authorized  to  receive  the  same  and  to  cancel  such  bond  or  bonds 
and  the  unmatured  coupons  attached  thereto,  and  deliver  the 
same  so  canceled  to  the  officer  paying  the  amount :  Provided, 
That  the  state  treasurer,  before  delivering  said  bond  or  bonds, 
shall  present  the  same  to  the  auditor  of  state,  together  with  a 
statement  showing  the  amounfc  of  coupons  upon  which  no  moneys 
have  been  received ;  and  upon  examining  such  statement,  and 
comparing  with  the  coupons  attached  to  such  bond  or  bonds, 
the  auditor  shall  credit  the  treasurer  with  the  amount  shown  to 
be  canceled  before  maturity.  (Laws  1889,  ch.  225,  sec.  1.) 

SEC.  280.  Payable  at  State  Treasury.  [5814.]  From  and  after 
the  passage  of  this  act,  the  interest  and  principal  of  all  bonds 
now  belonging  or  which  may  hereafter  belong  to  the  permanent 
school  fund  or  sinking-fund  of  the  state  of  Kansas,  which  have 


104  SCHOOL    LAWS    OF    KANSAS. 

been  or  may  hereafter  be  issued  under  and  pursuant  to  the  laws 
of  said  state,  shall  be  payable  at  the  office  of  the  state  treasurer. 
(Laws  1877,  ch.  174,  sec.  1.) 

SEC.  281.  State  Treasurer.  [5815.]  At  least  30  days  before 
the  maturity  of  any  bonds  or  coupons  belonging  to  the  per- 
manent school  fund  or  sinking-fund,  it  shall  be  the  duty  of  the 
state  treasurer  to  furnish  a  detailed  statement  to  each  county 
or  city  treasurer,  or  the  treasurer  of  any  board  of  education,  of 
the  amount  due  from  them  respectively,  describing  in  such 
statement  the  number  of  the  district  or  the  name  of  the  city, 
the  amount  of  interest  due,  and  the  amount  of  principal  due,  if 
any.  (Laws  1877,  ch.  174,  sec.  2.) 

SEC.  282.  County  and  City  Treasurers.  [5816.]  It  shall  be 
the  duty  of  each  county  and  city  treasurer,  and  the  treasurers 
of  boards  of  education,  to  remit  to  the  state  treasurer,  at  least 
10  days  before  the  maturity  of  any  bonds  or  coupons,  all  moneys 
collected  by  them  for  the  redemption  of  such  bonds  and  coupons  ; 
and  all  express  charges  and  postage  shall  be  a  proper  charge 
against  such  city  or  school  district,  and  shall  be  allowed  to  such 
treasurer  on  settlement.  (Laws  1877,  ch.  174,  sec.  3.) 

SEC.  283.  Cancelation.  [5817.]  On  receipt  of  any  funds  by  the 
state  treasurer,  he  shall  immediately  cancel  all  coupons  or  bonds 
for  which  funds  are  remitted,  and  return  such  coupons  or  bonds 
to  the  office  of  the  treasurer  remitting  the  same.  (Laws  1877, 
ch.  174,  sec.  4.) 

SEC.  284.  Penalty.  [5818.]  Any  county  or  city  treasurer,  or 
treasurer  of  any  board  of  education  who  shall  neglect  or  refuse 
to  perform  the  duties  required  of  him  by  this  act  shall  be  liable 
to  the  state  in  a  sum  equal  to  double  the  amount  of  such  bonds 
or  coupons  remaining  unpaid  by  reason  of  such  neglect  or  re- 
fusal, which  may  be  recovered  in  a  suit  at  law  against  such 
treasurer  and  his  bondsmen  ;  and  it  is  hereby  made  the  duty  of 
the  county  attorney  of  the  proper  county,  upon  the  request  of 
the  attorney-general,  to  prosecute  all  such  suits.  (Laws  1877, 
ch.  174,  sec.  5.) 


SCHOOL    LAWS    OF    KANSAS.  105 


ARTICLE   XVI. 


REFUNDING    BONDS. 


§285.  Bonded  indebtedness  may  be  refunded. 

286.  Bonds  shall  be  signed  by  whom. 

287.  Bonds  issued,  how  and  when. 

288.  Bonds  shall  be  registered. 

289.  Indebtedness    shall    not^be    increased, 

when. 

290.  Annual    levy  for  interest    and    sinking 

fund. 


§291.   County  treasurer  may  make  levy,  when. 

292.  Sinking-fund,  when  and  how  created. 

293.  Coupons  shall  be  promptly  paid  and  de- 

stroyed. 

294.  Penalty  for  wrongful  use  of  money. 

295.  Coupons  when  due  shall  be  receivable 

for  taxes  by  corporation  issuing. 


SECTION  285.  Bonded  Indebtedness  May  be  Refunded.  [Laws 
1891,  ch.  163,  sec.  1.]  That  every  county,  every  city  of  the 
first,  second  or  third  class,  the  board  of  education  of  any  city, 
every  township  and  every  school  district  is  hereby  authorized 
and  empowered  to  compromise  and  refund  its  bonded  indebted- 
ness, including  matured  coupons  and  judgments  thereon,  upon 
such  terms  as  can  be  agreed  upon,  and  to  issue  new  bonds  with 
semiannual  interest  coupons  attached,  in  payment  for  any  sums 
so  compromised,  which  bonds  shall  be  sold  at  not  less  than  par, 
shall  not  be  for  a  longer  period  than  30  years,  shall  not  exceed 
in  amount  the  actual  amount  of  outstanding  indebtedness,  and 
shall  not  draw  a  greater  interest  than  6  per  cent,  per  annum. 
No  indebtedness  of  any  kind  shall  be  funded  or  refunded  under 
the  provisions  of  this  act  except  bonded  indebtedness  actually 
existing  at  the  time  of  the  passage  of  this  act,  or  hereafter 
legally  created ;  and  nothing  herein  contained  shall  be  con- 
strued to  validate  or  invalidate  any  existing  bonded  indebted- 
ness. 

SEC.  286.  Bonds  Shall  be  Signed,  by  Whom.  [465.]  Bonds  is- 
sued under  this  act  by  any  county  shall  be  signed  by  the  chair- 
man of  the  board  of  county  commissioners,  and  attested  by  the 
county  clerk,  under  the  seal  of  the  county.  Bonds  issued  by 
any  city  shall  be  signed  by  the  mayor,  and  attested  by  the  city 
clerk,  under  the  seal  of  the  city.  Bonds  issued  by  any  town- 
ship shall  be  signed  by  the  trustee,  attested  by  the  township 
clerk,  and  countersigned  by  the  township  treasurer.  Bonds  is- 
sued by  the  board  of  education  of  any  city  shall  be  signed  by 
the  president,  and  attested  by  the  clerk  of  the  board,  under  the 
seal  of  such  board.  Bonds  issued  by  any  school  district  shall 


106  SCHOOL   LAWS    OP    KANSAS. 

be  signed  by  the  director,  attested  by  the  clerk,  and  counter- 
signed by  the  treasurer  of  the  school-district  board,  and  the  cou- 
pons shall  be  signed  by  the  mayor,  president,  director,  trustee, 
or  chairman  of  the  board  of  county  commissioners,  and  the 
clerks,  respectively.  Such  bonds  may  be  in  any  denominations, 
from  $100  to  $1000,  and  made  payable  at  such  place  as  may  be 
designated  upon  the  face  thereof,  and  they  shall  contain  a  re- 
cital that  they  are  issued  under  this  act.  (Laws  1879,  ch.  50, 
sec.  2.) 

SEC.  287.  How  Issued  and  When.  [Laws  1891,  ch.  163,  sec. 
2.]  When  a  compromise  has  been  agreed  upon,  it  shall  be  the 
duty  of  the  proper  officers  to  issue  such  bonds  at  the  rate  agreed 
upon  to  the  holder  of  such  indebtedness,  in  the  manner  pre- 
scribed in  this  act ;  but  no  bonds  shall  be  issued  under  this  act 
until  the  proper  evidence  of  the  indebtedness  for  which  the  same 
are  to  be  issued  shall  be  delivered  up  for  cancellation  :  Provided, 
That  no  bonded  indebtedness  shall  be  refunded  by  the  board  of 
county  commissioners,  or  any  mayor  and  city  council,  or  any 
board  of  trustees  of  any  township,  or  any  school-district  board 
or  board  of  education,  under  this  act,  except  such  as  have  been 
issued  and  outstanding  at  least  two  years  at  the  time  of  such 
refunding :  And  provided  further,  That,  except  for  the  refund- 
ing of  outstanding  bonds  or  matured  coupons  thereof,  or  judg- 
ments thereon,  no  bonds  of  any  class  or  description  shall 
hereafter  be  issued  where  the  total  bonded  indebtedness  of  such 
county  or  township  would  thereby  exceed  5  per  cent,  of  the  as- 
sessment for  taxation,  as  shown  by  the  last  finding  and  deter- 
mination by  the  proper  board  of  equalization  ;  or  of  such  city, 
school  district  or  board  of  education  exceed  6  per  cent,  of  such 
assessment ;  but  this  restriction  shall  not  apply  to  cities  of  the 
first  class. 

SEC.  288.  Bonds  Registered.  [Laws  1891,  ch.  163,  sec.  3.] 
The  clerk  of  every  county,  city,  township,  school  district  and 
board  of  education  issuing  bonds  under  this  act  shall  register 
the  same  in  his  office.  Such  bonds  shall  also,  in  every  case,  be 
registered  by  the  county  clerk,  showing  the  date,  number  and 
amount  thereof,  rate  of  interest,  number  of  coupons  and  amount 
of  each,  to  whom  payable,  where  payable,  date  of  maturity, 
and,  if  optional,  under  what  conditions  ;  and  all  bonds  refunded 
under  this  act  shall  have  the  words  "  Paid  in  full"  marked  in 


SCHOOL    LAWS    OF    KANSAS.  107 

a  plain  manner  across  the  face  of  each  bond  and  coupon  so  re- 
funded, and  such  canceled  obligations  shall  be  carefully  pre- 
served in  the  office  of  the  county  clerk,  or  destroyed  by  the 
county  commissioners,  a  register  of  the  number,  amount  and 
date  of  issue  having  been  first  made  by  the  county  clerk.  The 
proper  officers  shall,  at  the  time  of  issuing  refunding  bonds, 
make  out  and  transfer  to  the  auditor  of  state  a  certified  state- 
ment of  all  proceedings  had  by  the  proper  board  or  city  council, 
as  shown  of  record,  and  that  the  said  bonds  have  been  issued 
for  value,  in  all  respects  in  conformity  to  this  act,  for  certain 
indebtedness  surrendered,  distinctly  describing  the  bonds  issued 
and  the  indebtedness  surrendered,  and  that  they  have  been 
duly  registered  by  the  attesting  clerk  and  the  county  clerk,  as 
required  herein,  which  statement  shall  be  in  such  form  and  in- 
clude such  other  information  as  the  auditor  of  state  may  re- 
quire, and  be  signed  by  all  the  officers  whose  signatures  are 
attached  to  such  bonds,  and  attested  by  the  proper  clerk  with 
the  corporate  seal  of  the  county,  city,  township,  school  district, 
or  board  of  education,  if  any,  and  be  duly  acknowledged  before 
the  county  clerk ;  and  the  auditor  shall,  upon  being  satisfied 
that  such  bonds  have  been  issued  according  to  the  provisions  of 
this  act,  and  that  the  signatures  thereto  of  the  officers  signing 
the  same  are  genuine,  register  the  same  in  his  office  in  a  book 
kept  for  that  purpose,  and  shall,  under  his  seal  of  office,  certify 
upon  such  bonds  the  fact  that  they  have  been  registered  in  his 
office  according  to  law. 

SEC.  289.  Indebtedness  not  to  be  Increased.  [468.]  In  all 
cases  in  which  any  county,  city,  township,  the  board  of 
education  of  any  city  or  school  district  shall  effect  a  compro- 
mise of  its  indebtedness  under  this  act,  at  a  rate  of  65  per  cent, 
or  less  upon  the  amount  of  such  indebtedness,  and  shall  issue 
bonds  therefor  under  the  provisions  of  this  act,  such  county, 
city,  township,  the  board  of  education  of  any  city  or  such 
school  district  so  compromising  at  such  a  rate,  shall  never  in- 
crease its  indebtedness  beyond  the  amount  of  such  refunding 
bonds  so  issued  under  this  act  until  the  same  are  paid  or  liqui- 
dated, and  any  bonds  that  may  be  issued  or  indebtedness 
created  in  addition  to  such  amount  of  refunding  bonds  so  issued 
shall  be  absolutely  null  and  void.  (Laws  1879,  ch.  50,  sec.  5.) 


108  SCHOOL    LAWS    OF    KANSAS. 

SEC.  290.  Annual  Levy.  [469.]  In  every  instance  in  which 
any  county,  city,  township,  the  board  of  education  of  any  city 
or  any  school  district  shall  issue  bonds  under  this  act,  it  shall 
be  the  imperative  duty  of  the  proper  officers  of  such  county, 
city,  township,  the  board  of  education  of  any  city,  or  of  such 
school  district,  whose  duty  it  may  be  to  levy  taxes,  to  annually 
levy,  at  the  time  of  making  the  levy  of  other  taxes,  a  tax 
sufficient  in  amount  to  pay  the  interest  upon  said  bonds  and  the 
coupons  as  they  become  due,  and  to  create  a  sinking-fund  as 
provided  for  in  this  act  for  the  payment  of  the  principal  of  such 
bonds ;  and  if  such  officers  fail  or  neglect  to  make  such  levy,  it 
shall  be  the  duty  of  the  county  clerk  forthwith  to  levy  such 
tax ;  and  in  case  any  such  officer  shall  neglect  or  refuse  to  levy 
any  such  tax  at  the  time  aforesaid,  and  in  case  any  county 
clerk  shall  neglect  or  refuse  to  extend  such  tax  upon  the  tax- 
roll  of  the  county  at  the  proper  time,  then,  and  in  that  case, 
any  such  officer  so  neglecting  or  refusing  to  levy  or  extend  such 
tax  shall  be  severally  and  individually  liable,  and  shall  also  be 
liable  upon  his  official  bond  to  the  holder  of  any  such  bond  or 
coupon  falling  due  during  the  year  for  which  such  tax  should 
have  been  levied  or  extended  for  the  full  amount  thereof,  as 
soon  as  the  same  is  due,  which  liability  may  be  enforced  in  a 
civil  action  in  the  name  of  such  holder ;  and  any  such  officer 
so  neglecting  or  refusing  to  levy  or  extend  such  tax  shall  also 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof 
shall  be  fined  in  an  amount  equal  to  the  amount  which  it  may 
be  shown  should  have  been  so  levied  or  extended  during  such 
year,  or  imprisoned  in  the  county  jail  for  a  term  of  not  less  than 
three  nor  more  than  12  months.  (Laws  1879,  ch.  50,  sec.  6.) 

SEC.  291.  County  Treasurer  to  Make  Levy.  [470.]  Should 
the  proper  officers  whose  duty  it  is  to  levy  the  taxes  to  pay  such 
bonds  and  coupons  fail  or  neglect  to  make  such  levy  as  provided 
for  in  this  act,  it  shall  be  the  duty  of  the  auditor  of  state,  at 
any  time  thereafter,  to  ascertain  the  amount  of  interest  and 
sinking-fund,  or  principal  of  such  bonds,  accrued  and  to  accrue 
during  that  year,  and  shall  certify  the  amount  thereof  to  the 
treasurer  of  the  county  in  which  such  bonds  were  issued,  set- 
ting forth  the  amount  thus  due,  and  whether  from  the  county 
or  from  a  particular  city,  township,  the  board  of  education  of 


SCHOOL    LAWS   OF    KANSAS.  109 

any  city  or  school  district  within  such  county ;  and  it  shall  be 
the  duty  of  such  county  treasurer,  immediately  upon  receiving 
such  certified  statement  from  the  auditor  of  state,  to  proceed  to 
ascertain  from  the  assessment  roll  of  the  county  the  amount  of 
taxable  property  in  such  county,  city,  township,  the  board  of 
education  of  any  city,  or  such  school  district,  and  what  percent- 
age is  required  to  be  levied  thereon  to  pay  said  interest  and 
sinking-fund  or  principal,  and  when  so  ascertained  shall  levy 
such  percentage  upon  the  taxable  property  of  such  county,  city, 
township,  the  board  of  education  of  any  city,  or  such  school 
district,  as  may  be  liable  thereto,  and  shall  immediately  place 
the  same  upon  the  tax-roll  of  the  county,  in  a  separate  column 
or  columns,  designating  the  purpose  for  which  said  taxes  are 
levied  ;  and  the  said  taxes  shall  be  collected  by  the  county 
treasurer  of  such  county  in  the  same  manner  that  other  taxes 
are  collected.  And  should  such  county  treasurer  neglect  or  re- 
fuse to  levy  such  tax  and  place  the  same  upon  the  tax-roll  for 
collection,  as  herein  provided,  he  shall  be  personally  liable,  and 
also  liable  upon  his  official  bond  to  the  holder  of  any  such  bonds 
or  coupons  then  due  for  the  full  amount  thereof,  and  shall  also 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  imprisoned  in  the  county  jail  for  not  less  than  three 
nor  more  than  12  months.  (Laws  1879,  ch.  50,  sec.  7.) 

SEC.  292.  Sinking-fund.  [471.]  It  shall  be  the  duty  of 
every  county,  city,  township,  the  board  of  education  of  any  city 
and  of  every  school  district,  issuing  bonds  under  this  act,  and 
of  the  proper  officers  thereof,  to  create  a  sinking-fund,  and  to 
levy  annually  a  sufficient  tax  therefor  for  the  redemption  of  such 
bonds,  which  shall  be  collected  as  other  taxes,  and  paid  into 
the  treasury  as  provided  by  law  for  other  taxes,  and  shall  re- 
main as  a  specific  fund  for  the  redemption  of  said  bonds ;  the 
amount  of  which  sinking-fund  shall  be  as  follows  :  In  every  in- 
stance in  which  bonds  shall  be  issued  under  this  act  for  20  years 
or  less,  the  quotient  found  by  dividing  the  amount  of  the  princi- 
pal of  such  bonds  by  such  number  of  years  shall  be  the  amount 
of  sinking-fund  to  be  levied  each  year  for  the  redemption  of  such 
bonds ;  but  in  every  instance  in  which  such  bonds  shall  be  is* 
sued  for  more  than  20  years,  it  shall  not  be  necessary  to  create 
a  sinking-fund,  or  to  levy  a  tax  therefor,  until  the  twentieth 
year  prior  to  the  maturity  of  such  bonds/  at  which  time;  and 


110  SCHOOL    LAWS    OF    KANSAS. 

each  year  thereafter,  one-twentieth  of  the  principal  amount  of 
such  bonds  shall  be  levied  as  a  sinking-fund  for  the  redemption 
of  such  bonds  :  Provided,  That  any  county,  city,  township,  the 
board  of  education  of  any  city  or  any  school  district  issuing 
bonds  under  this  act  may  buy  in  and  cancel  any  such  bonds 
whenever  the  same  can  be  done  at  or  below  par  :  And  provided 
further,  That  such  sinking-fund,  when  not  required  for  the  pay- 
ment or  purchase  of  bonds,  may  be  invested  in  bonds  of  the 
United  States  or  of  the  state  of  Kansas,  and  in  no  other  man- 
ner :  And  provided  farther,  That  under  the  provisions  of  this 
act,  the  proper  officers  are  authorized,  if  desirable,  to  issue  in- 
stalment bonds,  running  30  years,  having  coupons  attached 
representing  the  semiannual  interest  to  become  due  thereon  ; 
and  each  coupon  attached  to  any  instalment  bond  shall,  after 
five  years  from  its  date,  represent  one-fiftieth  of  its  principal, 
which  amount  shall  be  shown  by  separate  words  and  figures 
aside  from  the  interest  represented  in  the  coupon,  and  each  in- 
stalment bond  shall  show  upon  its  face  that  its  principal  is 
included  in  its  coupons.  (Laws  1879,  ch.  50,  sec.  8.) 

SEC.  293.  Coupons  Paid  and  Destroyed.  [472.]  Whenever 
the  bonds  or  interest  coupons  issued  under  this  act  shall  be- 
come due,  they  shall  be,  on  presentation,  promptly  paid  by  the 
proper  disbursing  officer,  out  of  the  money  in  his  hands  col- 
lected for  that  purpose  ;  and  he  shall  indorse  upon  the  face  of 
any  bond  or  coupon  paid  by  him,  in  red  ink,  the  word  "  Paid/' 
and  the  date  of  payment,  and  sign  his  name  thereto,  and  at 
each  settlement  he  shall  turn  over  the  bonds  and  coupons  so 
paid  and  canceled,  which  shall  be  carefully  preserved,  or  de- 
stroyed. (Laws  1879,  ch.  50,  sec.  9.) 

SEC.  294.  Penalty  for  Wrongful  Use  of  Money.  [473.]  Any 
person  who  shall  appropriate,  use,  or  aid  or  abet  in  appropriat- 
ing or  using,  any  of  the  funds  or  moneys  mentioned  in  this  act, 
for  any  other  purpose  than  as  in  this  act  provided,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  equal  to  the  amount  of  money  so  appro- 
priated or  used,  and  imprisoned  in  the  county  jail  for  not  less 
than  three  nor  more  than  12  months,  and  shall  also  be  liable  in 
a  civil  action  for  the  amount  so  misappropriated  or  used,  to  be 
prosecuted  by  any  such  bondholder  or  other  party  entitled 
thereto,  (Laws  1879,  ch.  60,  sec*  10.) 


SCHOOL    LAWS    OP    KANSAS.  Ill 

SEC.  295.  Coupons  Receivable  for  Taxes.  [474.]  The  interest 
coupons  provided  for  in  this  act  shall,  as  fast  as  they  become 
due,  be  receivable  in  payment  of  taxes  due  to  the  particular 
county,  city,  the  board  of  education  of  any  city,  the  township 
or  school  district  which  may  have  issued  such  coupons,  and 
shall  be  received  by  all  collecting  officers  the  same  as  cash,  in 
payment  of  such  taxes.  (Laws  1879,  ch.  50.  sec  11.) 


112 


SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  XVII. 


STATE  PERMANENT  SCHOOL  FUND. 


§296.  Board  of  school-fund  commissioners,  how 
composed  and  organized. 

297.  Meetings. 

298.  Records  of  school-fund  commissioners. 

299.  Register  of  bonds  offered  for  sale. 

300.  Bonds  in  which  the  different  funds  may 

be  invested. 

301.  Transactions  of  the  board  of  commis- 

sioners. 

302.  Records  of  the  condition  of  funds. 

303.  Where  the  records  shall  be  kept. 

304.  Orders  to  be  drawn  in  payment  for  bonds 

purchased. 

305.  The  state  treasurer  shall  be  the  custo- 

dian of  the  funds  and  securities  belong- 
ing to  the  state  permanent  school,  state 
normal  school  and  state  university 
funds. 

306.  Separate  account. 

307.  The  commissioners  shall  collect  moneys 

due  different  funds. 

308.  Compensation  of  board. 


§309.  Where  person  dies  without  heir  and  will, 
county  superintendent  may  file  petition 
in  probate  court. 

310.  Probate  court  to  order  sale  of  estate  de- 

scribed in  petition. 

311.  Proceeds  of  sale  paid  through  county 

treasurer  into  state  permanent  school 
funcl. 

312.  All  bonds  belonging  to  state  permanent 

school  fund  shall  be  consolidated,  how. 

313.  Consolidated  bonds  shall  be  registered. 

314.  Registration  of  bonds. 

315.  Registration  of  bonds. 

316.  Bonds  to  be  indorsed,  how. 

317.  State  treasurer's  statement  to  state  au- 

ditor. 

318.  Cancellation  of  bonds  paid. 

319.  Comparison  of  registers  kept  by  auditor 

and  treasurer. 

320.  Penalty  for  delinquency  of  state  treas- 

urer. 

321.  Rate  of  interest  may  be  reduced. 

322.  How  funding  bonds  are  to  be  stamped. 

SECTION  296.  School-Fund  Commissioners.  [6650.]  The  state 
superintendent  of  public  instruction,  secretary  of  state  and  at- 
torney-general shall  constitute  a  board  of  commissioners  for  the 
management  and  investment  of  the  state  permanent  school,  state 
normal  school  and  state  university  funds.  Such  board  shall  be 
organized  as  follows  :  The  secretary  of  state  shall  be  the  presi- 
dent of  such  board,  and  the  state  superintendent  of  public  in- 
struction shall  be  the  secretary  thereof.  In  the  absence  of  either 
of  said  officers,  the  attorney-general  shall  act  as  president,  or  as 
secretary,  as  the  case  may  require.  Such  commissioners,  when 
acting  as  such,  must  act  personally.  No  member  thereof  can 
be  represented  in  such  board  by  any  assistant  or  clerk  in  the 
office  of  which  such  member  is  the  chief  officer.  (Laws  1879, 
ch.  166,  sec.  113.) 

SEC.  297.  Meetings.  [6651.]  Such  board  of  commissioners 
shall  meet  regularly  in  the  office  of  the  state  superintendent  of 
public  instruction,  on  the  last  Saturday  of  each  month,  at  ten 
o'clock  A,  M.  Special  meetings  of  the  board  may  be  held  at  any 
time  at  the  call  of  any  member,  (Laws  1879,  ch,  166,  sec,  114.) 


SCHOOL    LAWS    OP    KANSAS.  113 

SEC.  298.  Records.  [6652.]  Said  commissioners  shall  keep 
in  a  suitable  book  a  full  and  correct  record  of  all  their  proceed- 
ings at  every  session  of  the  board,  which  record  at  the  close  of 
each  session  shall  be  signed  by  the  president  and  secretary. 
(Laws  1879,  ch.  166,  sec.  115.) 

SEC.  299.  Bonds  Offered.  [6653.]  They  shall  also  keep  such 
other  books  as  may  be  necessary  to  properly  register  and  de- 
scribe all  bonds  offered  to  them,  and  all  bonds  bought  by  them 
for  the  benefit  of  the  permanent  school,  state  agricultural  col- 
lege, state  normal  school  and  state  university  funds,  or  either. 
Such  record  books  shall  be  ruled  so  as  to  enable  the  board  to 
register  the  name  and  residence  of  the  person  offering  to  sell 
any  such  bond  or  bonds,  the  name  and  residence  or  location  of 
the  owner  or  district  for  whom  such  offer  is  made,  and  a  full, 
detailed  description  of  every  bond,  whether  United  States,  state, 
or  school  district,  and  the  date,  number,  series,  amount  and  rate 
of  interest  of  each  bond,  and  when  the  interest  and  principal 
respectively  are  payable  ;  and  such  record  shall  be  made  of  every 
such  bond  before  the  board  shall  act  upon  the  question  of  pur-* 
chasing  such  bond.  (Laws  1879,  ch.  166,  sec.  116.) 

SEC.  300.  Investment.  [6654.]  Said  board  of  commissioners 
shall  have  the  power,  and  it  is  hereby  made  their  duty,  from 
time  to  time  to  invest  any  moneys  belonging  to  the  permanent 
school  fund,  the  state  agricultural  college,  state  normal  and  state 
university  funds  in  the  bonds  of  the  state  of  Kansas,  or  of  the 
United  States,  school-district  bonds  of  the  several  school  dis- 
tricts of  the  state  of  Kansas,  bridge,  court-house  bonds,  or  in 
county,  township  or  city  refunding  bonds  of  the  several  coun- 
ties, townships  and  cities  of  the  state  of  Kansas.  In  making 
such  investment  they  shall  give  preference  to  the  bonds  of  the 
state  of  Kansas,  school-district  bonds,  and  refunding  bonds, 
when  the  same  can  be  procured  most  advantageously  to  the 
said  funds  ;  but  they  shall  not  pay  for  any  state,  school-district 
or  refunding  bonds  in  any  case  a  greater  sum  than  the  par  value 
of  the  same,  nor  shall  they  pay  for  any  such  bonds  any  greater 
sum  than  the  actual  market  price  thereof  at  the  time  of  pur- 
chasing the  same  :  Provided,  however,  That  the  commissioners 
shall  not  invest  in  any  bonds  which,  together  with  the  other 
outstanding  indebtedness,  shall  exceed  10  per  cent,  of  the  as- 
sessed valuation  of  said  municipal  corporation  :  And  provided 
—8 


114  SCHOOL    LAWS    OF    KANSAS. 

further,  That  all  refunding  bonds  herein  provided  shall  be  bonds 
refunded  under  the  general  laws  of  the  state.  (Laws  1883,  ch. 
143,  sec.  1.) 

SEC.  301.  Quorum  and  Business.  [6655.]  Any  two  members 
of  said  board  shall  constitute  a  quorum.  But  such  board  shall 
not  purchase  any  school-district  bond  or  bonds  except  at  a  legal 
session  thereof,  nor  unless  every  member  of  the  board  is  notified 
in  time  to  be  present  at  such  meeting,  and  notified  also  that  the 
question  of  purchasing  such  bonds  is  to  be  considered  thereat, 
designating  the  bonds.  (Laws  1879,  ch.  166,  sec.  118.) 

SEC.  302.  Records.  [6656.]  Said  commissioners  shall  keep 
a  record,  showing  a  detailed  statement  of  the  condition  of  the 
state  permanent  school,  state  normal  school  and  state  university 
funds  under  their  control,  amount  of  each  fund,  how  invested, 
when  due,  interest  paid,  and  every  other  act  in  any  manner  con- 
nected with  the  management  and  investment  of  said  funds  ;  and 
the  state  superintendent  of  public  instruction  shall  biennially  re- 
port all  such  investments  to  the  governor,  to  be  laid  before  the 
legislature.  (Laws  1879,  ch.  166,  sec.  119.) 

SEC.  303.  Office  and  Records.  [6657.]  All  the  records  and 
record  books  of  such  board  shall  be  kept  in  the  office  of  the  state 
superintendent  of  public  instruction,  but  the  same  shall  at  all 
times  be  open  for  the  inspection  of  every  member  of  such  board 
and  other  state  officers,  and  any  member  or  committee  of  the 
legislature  or  either  house  thereof.  (Laws  1879,  ch.  166,  sec. 
120.) 

SEC.  304.  Orders  to  be  Drawn.  [6658.]  In  the  investment 
of  the  state  permanent  school,  state  normal  school  and  state 
university  funds,  the  commissioners  of  these  funds  are  hereby 
authorized  to  draw  their  order  on  the  state  treasurer,  payable 
out  of  the  fund  invested,  for  the  purchase  price  of  the  bond, 
and  an  order  payable  out  of  the  annual  school  fund  for  any 
accrued  interest  that  may  have  accumulated  on  the  bonds  pur- 
chased ;  which  orders,  previous  to  their  delivery,  shall  be  regis- 
tered by  the  state  treasurer  in  a  book  provided  for  that  purpose. 
(Laws  1879,  ch.  166,  sec.  121.) 

SEC.  305.  Custodian.  [6659.]  All  moneys  belonging  to  the 
state  permanent  school,  state  normal  school  and  state  university 
funds  shall  be  paid  to  and  held  by  the  state  treasurer,  and  be 


SCHOOL    LAWS    OP    KANSAS.  115 

subject  to  the  order  of  the  board  of  commissioners.  The  state 
treasurer  shall  also  be  the  custodian  of  all  bonds,  notes,  mort- 
gages and  evidences  of  debt  arising  out  of  the  management  and 
investment  of  the  state  school,  state  normal  school  and  state 
university  funds  by  said  board  of  commissioners.  (Laws  1879, 
ch.  166,  sec.  122.) 

SEC.  306.  Separate  Account.  [5836.]  He  shall  keep  in  a 
separate  book  an  account  of  all  school  moneys  received  by  him, 
distinguishing  between  the  perpetual  fund  and  the  annual  fund 
for  disbursement.  .  .  .  (Laws  1876,  ch.  122,  art.  15,  sec.  3.) 

SEC.  307. •  Collection  of  Moneys.  [6660.]  It  shall  be  the  duty 
of  said  board  of  commissioners  from  time  to  time,  and  as  soon 
as  may  be  practicable,  to  collect  all  moneys  due  and  owing  to 
the  state  school,  state  normal  school  and  state  university  funds, 
and  make  investments  of  the  same  as  hereinbefore  required.  If 
any  such  moneys  shall  remain  unpaid  for  30  days  after  the 
same  become  due  and  payable,  the  commissioners  shall  order 
the  attorney-general  to  proceed  to  collect  the  same  by  civil  ac- 
tion, to  be  brought  and  prosecuted  in  the  name  of  the  state. 
(Laws  1879,  ch.  166,  sec.  123.) 

SEC.  308.  Compensation.  [5807.]  Said  board  of  commis- 
sioners shall  receive  such  pay  for  their  services  as  may  be  pre- 
scribed by  law.  (Laws  1876,  ch.  122,  art.  15,  sec.  6.) 

SEC.  309.  Unclaimed  Estates.  [5809.]  In  all  cases  where 
persons  die  without  heirs,  and  intestate,  it  shall  be  lawful  for 
the  superintendent  of  public  instruction  of  the  county  where 
any  land  lies,  belonging  to  the  estate  of  such  person  dying  with- 
out heir  and  will,  after  a  lapse  of  three  years  from  the  date  of 
letters  of  administration  upon  such  estate,  to  file  a  petition  in 
the  probate  court  of  the  county  granting  such  letters,  setting 
forth  in  said  petition  (1)  that  such  deceased  person  died  with- 
out heirs,  and  intestate  ;  (2)  that  three  years  have  elapsed  since 
the  date  of  letters  of  administration ;  (3)  a  description  of  the 
real  estate  ;  (4)  that  no  debts  remain  unpaid  of  this  estate  not 
barred  by  the  statute  of  limitation.  Such  petition  shall  be 
verified  by  the  affidavit  of  the  county  superintendent  of  public 
instruction,  or  by  some  person  who  has  knowledge  of  the  fact. 
(Laws  1876,  cl),  122,  art.  15,  sec.  8.) 


116  SCHOOL    LAWS    OF    KANSAS. 

SEC.  310.  Sale  of  Real  Estate.  [5810.]  It  shall  be  the  duty 
of  the  probate  court,  on  the  filing  of  the  petition  mentioned  in 
the  preceding  section,  and  being  satisfied  that  the  facts  stated 
in  said  petition  are  true,  to  issue  an  order  to  the  administrator 
to  sell  the  real  estate  described  in  such  petition,  in  the  same 
manner  as  real  estate  is  sold  by  administrators  for  the  payment 
of  debts  due  from  deceased  persons  ;  and  the  same  proceedings 
shall  be  had  in  confirming  the  sale  and  the  execution  of  the 
deed  by  the  administrator  as  are  provided  by  law  for  the  sale  of 
real  estate  for  the  payment  of  the  debts  of  any  deceased  person. 
(Laws  1876,  ch.  122,  art.  15,  sec.  9.) 

SEC.  311.  Proceeds  of  Sale.  [5811.]  It  shall  be  the  duty  of 
the  administrator,  after  the  payment  of  the  costs  of  said  petition, 
and  making  said  sale,  and  6  per  cent,  commission  to  such  ad- 
ministrator, to  pay  the  county  treasurer  of  the  county  where 
the  land  is  situated  the  remainder  of  the  purchase-money  for  the 
benefit  of  the  common  schools  of  the  state,  and  shall  take  dupli- 
cate receipts  therefor  ;  and  it  shall  be  his  duty  to  file  one  of  such 
duplicates  with  the  probate  court  of  the  proper  county.  If,  at 
any  time  within  21  years  after  the  date  of  payment  of  said 
money  to  the  county  treasurer,  any  person  shall  appear  and 
claim  said  money  as  the  rightful  heir  to  said  estate,  and  shall 
prove  heirship  satisfactorily  to  the  probate  court,  the  judge  of 
said  court  shall  so  certify,  and  the  state  treasurer  shall  pay  over 
to  such  claimant  the  sum  so  received  from  the  county  treasurer 
from  such  estate.  (Laws  1876,  ch.  122,  art.  15,  sec.  10.) 

SEC.  312.  Consolidation  of  Bonds.  [5812.]  It  is  hereby  made 
the  duty  of  the  school-fund  commissioners  to  consolidate  all 
state  bonds  now  belonging  to  or  hereafter  coming  into  posses- 
sion of  the  permanent  school  fund,  in  the  following  manner, 
to  wit :  All  bonds  falling  due  on  the  same  date  and  bearing  the 
same  rate  of  interest  shall  be  consolidated  into  one  bond,  of 
equal  amount  to  the  bonds  so  consolidated ;  and  coupons  of  in- 
terest shall  be  attached  thereto,  of  equal  amount  to  the  consoli- 
dated coupons,  and  payable  in  the  same  manner  as  the  coupons 
of  the  bonds  so  consolidated ;  such  consolidated  bonds  shall  be 
made  out  by  the  auditor  of  state,  signed  by  the  governor,  and 
attested  by  the  secretary  of  state,  and  shall  be  made  payable  to 
the  permanent  school  fund  of  the  state  of  Kansas,  and  shall 
have  imprinted  on  their  face  the  words,  "Not  transfer  able. " 


SCHOOL    LAWS    OF    KANSAS.  117 

All  bonds  presented  by  the  school-fund  commissioners  shall,  in 
their  presence,  be  canceled  and  destroyed  by  the  auditor  of 
state,  after  a  consolidated  bond  shall  have  been  issued  for  the 
same.  (Laws  1876,  ch.  122,  art.  15,  sec.  11.) 

SEC.  313.  Registry  of  Bonds.  [5813.]  All  consolidated  bonds 
shall  be  registered  by  the  auditor  as  other  state  bonds  now  are 
registered.  (Laws  1876,  ch.  122,  art.  15,  sec.  12.) 

SEC.  314.  Registration.  [5820.]  Immediately  after  the  pas- 
sage of  this  act,  it  shall  be  the  duty  of  the  auditor  of  state  to 
prepare  a  register  of  all  bonds  belonging  to  the  permanent 
school  fund.  (Laws  1877,  ch.  172,  sec.  1.) 

SEC.  315.  Bonds  to  be  Registered.  [5821.]  That  it  shall  here- 
after be  the  duty  of  the  commissioners  of  the  permanent  school 
fund  to  present  to  the  auditor  of  state  all  bonds  which  may 
hereafter  be  purchased  by  them  prior  to  the  deposit  of  the  same 
with  the  state  treasurer,  and  it  shall  be  the  duty  of  the  auditor 
to  register  all  bonds  so  presented.  (Laws  1877,  ch.  172,  sec.  2.) 

SEC.  316.  Indorsement  of  Bonds.  [5822.]  That  it  shall  be  the 
duty  of  the  auditor  of  state  to  indorse  upon  all  bonds  and  cou- 
pons now  belonging  to  the  permanent  school  fund  and  deposited 
with  the  state  treasurer,  or  which  may  be  hereafter  purchased 
by  the  commissioners  of  the  permanent  school  fund,  prior  to 
the  deposit  of  the  same  with  the  state  treasurer,  the  following : 
"  The  property  of  and  payable  to  the  permanent  school  iund  of 
the  state  of  Kansas,  and  not  negotiable  or  transferable/7  with 
his  name  thereto  ;  and  thereafter  the  said  bonds  shall  not  be 
transferable.  (Laws  1877,  ch.  172,  sec.  3.) 

SEC.  317.  Treasurer's  Statement.  [5823.]  That  it  shall  be  the 
duty  of  the  state  treasurer,  immediately  after  collecting  any  in- 
terest on  such  bonds  or  the  principal  of  the  same,  to  file  with 
the  auditor  a  detailed  statement  or  statements  of  the  amount  or 
amounts  so  collected,  stating  the  name  of  the  county,  the  num- 
ber of  the  district,  the  number  of  the  coupons  or  bonds  paid  by 
such  district,  and  the  amount  paid  ;  and  the  said  treasurer  shall 
cancel  on  the  register  in  his  office  all  coupons  and  bonds  so  paid. 
(Laws  1877,  ch.  172,  sec.  4.) 

SEC.  318.  Cancelation  of  Bonds  and  Coupons.  [5824.]  That 
immediately  after  the  filing  of  such  statement  or  statements  by 
the  treasurer,  the  auditor  shall  cancel  such  coupons  or  bonds  as 


118  SCHOOL    LAWS    OF    KANSAS. 

are  designated  in  said  statement  or  statements  upon  the  register 
in  his  office,  and  charge  the  treasurer  with  the  amounts.  (Laws 
1877,  ch.  172,  sec.  5.)  - 

SEC.  319.  Bonds  to  be  Compared.  [5825.]  That  it  shall  be 
the  duty  of  the  auditor  of  state,  on  the  first  Monday  in  August 
of  each  year,  to  compare  the  register  kept  by  him  with  the  bonds 
in  the  treasurer's  office,  and  shall  at  the  time  of  comparing  such 
register  require  the  treasurer  to  produce  all  coupons  and  bonds 
remaining  unpaid,  which  shall  be  compared  with  the  register. 
(Laws  1877,  ch.  172,  sec.  6.) 

SEC.  320.  Penalty.  [5826. J  That  any  state  treasurer  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  section  3 
and  section  5  of  this  act71  shall  be  deemed  guilty  of  having  con- 
verted the  same  to  his  own  use,  and  shall  upon  conviction  be 
subject  to  all  the  penalties  provided  for  in  section  56  of  chapter 
102,  General  Statutes  of  the  state  of  Kansas.  (Laws  1877,  ch. 
172,  sec  7.) 

SEC.  321.  Time  Extended.  [5827.]  The  board  of  commis- 
sioners for  the  management  of  the  state  permanent  school  funds 
shall  have  the  power,  and  it  is  hereby  made  the  duty  of  said 
board,  to  exchange  any  school-district  bonds  belonging  to  the 
permanent  school  funds  now  in  the  state  treasury  for  other 
bonds  of  the  same  district  bearing  a  lower  rate  of  interest  and 
running  a  longer  time  than  the  bonds  exchanged  :  Provided, 
That  they  shall  not  purchase  any  funding  bonds  running  a  less 
time  than  five  years  :  And  provided  further,  That  the  rate  of  in- 
terest on  bonds  running  from  5  to  15  years  shall  be  7  per  cent, 
per  annum,  and  on  bonds  running  longer  than  15  years  the  rate 
of  interest  shall  be  6  per  cent,  per  annum.  (Laws  1879,  ch.  160, 
sec.  1.) 

SEC.  322.  Funding  Bonds  to  be  Stamped.  [5831.]  All  bonds 
accepted  as  funding  bonds  by  the  board  of  commissioners  shall 
be  stamped  by  the  auditor  and  deposited  with  the  state  treas- 
urer, and  the  auditor  shall  charge  the  treasurer  with  the  amount 
in  the  same  manner  as  though  said  bonds  had  been  purchased 
for  cash.  (Laws  1879,  ch.  160,  sec.  5.) 

71  Sections  316  and  318  of  this  book. 


SCHOOL    LAWS    OF    KANSAS. 


119 


ARTICLE  XVIII. 


STATE  ANNUAL  SCHOOL  FUND. 


8327.   State  treasurer  shall  give  bonds. 

328.  County  treasurer    shall  apply  to  state 

treasurer   for    school    moneys    appor- 
tioned to  county. 

329.  County  treasurer,  upon  proper  applica- 

tion, shall  pay  over  to  district  treas- 
urer moneys. 

330.  Each  insurance  company  doing  business 

in  the  state  shall  annually  pay  $50  into 
the  state  annual  school  fund. 


§323.   State  annual  school  fund  shall  consist  of 
what. 

324.  State  treasurer  hold  annual  school  fund 

subject  to  order  of  state  superintend- 
ent. 

325.  Treasurer  shall  report,  on  15th  of  Feb- 

ruary and  August  of  each  year,  the 
amount  of  annual  school  fund  in  the 
treasury. 

326.  Treasurer  shall  pay  county  treasurer  on 

order  of  state  superintendent. 

SECTION  323.  Shall  Consist  of  What.  [5834.]  For  the  pur- 
pose of  affording  the  advantages  of  a  free  education  to  the  chil- 
dren of  the  state,  the  state  annual  school  fund  shall  consist  of 
the  annual  income  derived  from  the  interest  and  rents  of  the 
perpetual  school  fund,  as  provided  in  the  constitution  of  the 
state,  and  such  sum72 as  will  be  produced  by  the  annual  tax  and 
assessment  of  one  mill  upon  the  dollar  valuation  of  the  taxable 
property  of  the  state,  and  there  is  hereby  levied  and  assessed 
annually  the  said  one  mill  upon  the  dollar  fpr  the  support  of 
common  schools  in  the  state  ;  and  the  amount  so  levied  and  as- 
sessed shall  be  collected  in  the  same  manner  as  other  state 
taxes.  (Laws  1876,  ch.  122,  art.  16,  sec.  1.) 

SEC.  324.  State  Treasurer.  [5835.]  The  state  treasurer  shall 
receive  all  the  annual  income  of  the  state  appropriated  for  the 
annual  support  of  schools,  whether  derived  from  the  interest  of 
moneys  loaned,  rents  of  school  lands,  or  annual  tax,  and  hold 
the  same  subject  to  the  order  of  the  state  superintendent  of 
public  instruction.  (Laws  1876,  ch.  122,  art.  16,  sec.  2.) 

SEC.  325.  Report.  [6600.]  .  .  .  The  state  treasurer  shall 
also,  on  the  15th  day  of  February  and  August  of  each  year,  re- 
port to  the  state  superintendent  of  public  instruction  the  amount 
of  money  in  the  treasury  belonging  to  the  annual  school  fund 
and  subject  to  disbursement  on  the  semiannual  dividends. 
(Laws  1879,  ch.  166,  sec.  55.) 

SEC'.  326.  Payment.  [5837.]  He  shall  pay  over  to  the  treas- 
urer of  each  county,  on  application,  the  amount  of  school  money 


72  One-mill  tax  repealed  in  1879. 


120  SCHOOL   LAWS    OF    KANSAS. 

due  to  said  county,  on  order  of  the  state  superintendent  of  pub- 
lic instruction.  (Laws  1876,  ch.  122,  art.  16,  sec.  4.) 

SEC.  327.  County  Treasurer.  [5839.]  The  treasurer  of  each 
county  shall  apply  for  and  receive  of  the  state  treasurer  the 
school  moneys  apportioned  to  his  county  as  soon  as  the  same 
shall  become  payable.  (Laws  1876,  ch.  122,  art.  16,  sec.  6.) 

SEC.  328.  Pay  to  the  District  Treasurer.  [5840.]  Each  county 
treasurer  receiving  such  moneys  shall,  upon  proper  application 
of  the  district  treasurer  of  any  district,  pay  over  to  the  said  dis- 
trict treasurer  the  amount  apportioned  to  the  district  by  the 
county  superintendent.  (Laws  1876,  ch.  122,  art.  16,  sec.  7.) 

SEC.  329.  Insurance  Companies.  [5841.]  .  .  .  Every  in- 
surance company  doing  business  in  this  state  shall,  in  addition 
to  the  fees  required  by  this  act,  (chapter  93,  Laws  1871,)  pay 
into  the  state  treasury,  for  the  benefit  of  the  annual  school  fund, 
the  sum  of  $50  each  year.  (Laws  of  1876,  ch.  122,  art.  16,  sec.  8. ) 


SCHOOL    LAWS    OF    KANSAS.  121 


ARTICLE  XIX. 


COUNTY  SCHOOL  FUND. 


§330.  County  treasurer  shall  collect  all  moneys 
due  to  the  county  school  fund. 

331.  County    clerk   shall   report    amount  of 

county    school   fund  to   county  super- 
intendent. 

332.  Justices  shall  report  to  county  superin- 

tendent proceeds  of  fines  and  estrays. 

333.  Moneys  and  property, delivered  to  whom. 


§334.   No  compensation. 
335.  Penalty  if  county  treasurer  fails  to  pay 


over. 


336.  Unclaimed  money  shall  be  paid  by  ad- 

ministrator  into   county  school  fund, 
when. 

337.  Fines  and  penalties  paid  into  common- 

school  fund. 


SECTION  330.  County  Treasurer.  [5842.]  The  county  treasurer 
shall  collect  all  moneys  due  the  county  for  school  purposes  from 
fines,  forfeitures,  or  proceeds  from  the  sale  of  estrays,  and  all 
moneys  paid  by  persons  as  equivalent  for  exemption  from  mili- 
tary duty  ;  and  he  shall,  upon  proper  application  of  the  district 
treasurer  of  any  district  in  the  county,  pay  over  to  the  said  dis- 
trict treasurer  the  amount  apportioned  to  the  district  by  the 
county  superintendent.  He  shall  also  collect  the  delinquent 
taxes  on  real  estate  in  any  district,  in  the  same  manner  as  county 
taxes  are  collected,  whenever  such  delinquent-tax  list  shall 
have  been  lawfully  reported  and  returned  to  him,  and  he  shall 
pay  the  same  over  to  t-he  treasurer  of  the  district  to  which  such 
delinquent  taxes  are  due  ;  and  if  any  county  treasurer  shall  re- 
fuse to  deliver  over  to  the  order  of  the  county  superintendent 
any  school  money  in  his  possession,  or  shall  use  or  permit  to  be 
used  for  any  other  purpose  than  is  specified  in  this  act  any 
school  money  in  his  possession,  he  shall  on  conviction  thereof 
be  adjudged  guilty  of  a  misdemeanor,, and  be  punished  by  a  fine 
not  exceeding  $500,  or  by  imprisonment  in  the  county  jail  not 
exceeding  one  year.  (Laws  1876,  ch.  122,  art.  17,  sec.  1.) 

SEC.  331.  County  Clerk.  [5843.]  The  county  clerk  of  each 
county  shall,  on  the  first  Mondays  of 'March  and  July  of  each 
year,  make  out  and  transmit  to  the  county  superintendent  a 
true  statement  of  any  county  school  money  then  in  the  county 
treasury.  (Laws  1876,  ch.  122,  art.  17,  sec.  2.) 

SEC.  332.  Justice  of  the  Peace.  [5844.]  Each  justice  of  the 
peace  shall  report  to  the  county  superintendent,  on  the  1st  day 
of  March  and  on  the  25th  day  of  July  of  each  year,  the  amount 
received  from  the  proceeds  of  fines  and  estrays  during  the  six 


122  SCHOOL    LAWS    OF    KANSAS. 

months  preceding,  and  belonging  to  the  school  fund  of  the 
county;  and  each  justice  of  the  peace,  at  the  time  of  making 
his  report  to  the  county  superintendent,  shall  promptly  pay  all 
of  said  proceeds  to  the  county  treasurer,  to  be  disbursed  by  the 
county  superintendent  at  the  next  ensuing  semiannual  dividend. 
(Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

SEC.  333.  Moneys  and  Property.  [5845.]  All  persons  haying 
school  moneys  or  other  school  property  in  their  possession,  by 
virtue  of  any  act  heretofore  passed,  are  hereby  required  to  pay 
over  and  deliver  the  same  to  the  proper  officers  provided  for  by 
this  act.  (Laws  1876,  ch.  122,  art.  17,  sec.  4.) 

SEC.  334.  No  Compensation.  [5846.]  No  county  treasurer 
shall  receive  any  compensation  for  disbursing  or  receiving  either 
county  or  state  school  moneys.  (Laws  1876,  ch.  122,  art.  17, 
sec.  5.) 

SEC.  335.  Fine.  [5847.]  Any  county  treasurer  who  shall 
neglect  or  fail  to  pay  over  any  school  money  in  the  treasury,  on 
application,  shall  be  subject  to  a  fine  of  not  less  than  $500  for 
every  such  neglect  or  failure.  (Laws  1876,  ch.  122,  art.  17,  sec. 
6.)  ' 

SEC.  336.  Unclaimed  Moneys.  [5808.]  If  any  sum  of  money 
directed  by  an  order  of  the  court  to  be  distributed  to  heirs,  next 
of  kin  or  legatees  shall  remain  for  the  space  of  one  year  un- 
claimed, the  executor  or  administrator  shall  pay  over  the  same 
to  the  treasurer  of  the  county  for  the  benefit  of  common  schools 
of  the  county.  (Laws  1876,  ch.  122,  art.  15,  sec.  7.) 

SEC.  337.  Common-School  Fund.  [5394.]  All  fines  and  pen- 
alties imposed,  and  all  forfeitures  incurred,  in  any  county,  shall 
be  paid  into  the  treasury  thereof,  to  be  applied  to  the  support 
of  common  schools.  (General  Statutes  1868,  ch.  82,  sec.  332.) 


SCHOOL    LAWS    OF    KANSAS. 


123 


AETICLE  XX. 


REGISTRATION  OF  WARRANTS. 


§338.   How  and  to  whom  drawn. 

339.  Shall  be  sworn  to  before. 

340.  Shall  be  signed  by  and  attested  by. 

341.  Record  of  all  warrants. 

342.  All  warrants  countersigned  by. 


§343.  Payment  of  warrants. 

344.  Indorsed  when  no  funds. 

345.  Publication  of  lists. 

346.  Delivery  of  books  to  successor. 

347.  Penalty. 


SECTION  338.  How  and  to  Whom  Drawn.  [Laws  1891,  ch.  249, 
sec.  l.J  All  warrants  shall  be  drawn  to  the  order  of  the  person 
or  persons  entitled  to  receive  the  same,  and  shall  specify  the 
nature  of  the  claim  or  service  for  which  they  were  issued  and 
out  of  what  funds  payable  ;  and  the  term  "  warrants, "  as  used  in 
this  act,  shall  be  understood  to  include  all  orders  of  any  kind  or 
description  authorized  by  law  to  be  drawn  on  public  treasurers 
for  money  payments. 

SEC.  339.  Sworn  to.  [Laws  1891,  ch.  249,  sec.  2.]  No  war- 
rants shall  be  issued  except  under  due  authority  as  provided  by 
law  ;  and  no  warrants  shall  be  issued  or  authorized  by  any  board 
of  county  commissioners,  city  council,  township  board,  school- 
district  board,  or  board  of  education,  except  on  audited  account 
duly  itemized  in  writing  and  verified  by  affidavit,  setting  forth 
that  the  same  is  just  and  correct  and  remains  due  and  unpaid ; 
and  for  the  purpose  of  such  affidavit,  the  chairman  of  the  county 
board,  the  mayor  of  the  city,  the  township  trustee,  the  directors 
of  the  school  district,  and  the  president  of  the  board  of  educa- 
tion, and  the  respective  clerks  thereof,  shall  have  power  to  ad- 
minister oaths. 

SEC.  340.  Signed  and  Attested.  [Laws  1891,  ch.  249,  sec.  3.] 
County  warrants  shall  be  signed  by  the  chairman  of  the  board 
of  county  commissioners,  and  attested  by  the  clerk  ;  city  war- 
rants shall  be  signed  by  the  mayor,  and  attested  by  the  city 
clerk  ;  township  warrants  shall  be  signed  by  the  township  trus- 
tees, and  attested  by  the  township  clerk  ;  school-district  war- 
rants shall  be  signed  by  the  director,  and  attested  by  the  clerk  ; 
board  of  education  warrants  shall  be  signed  by  the  president, 
and  attested  by  the  clerk. 

SEC.  341.  Record.  [Laws  1891,  ch.  249,  sec.  4.]  The  clerk 
of  every  county,  township,  city,  school  district,  or  board  of  edu- 


124  SCHOOL    LAWS    OF    KANSAS. 

cation  shall  keep  a  correct  record  of  all  warrants  drawn  on  the 
treasury  of  such  county,  township,  city,  school  district,  or  board 
of  education,  showing  the  number,  date  and  amount  thereof, 
on  what  fund  drawn,  and  the  name  of  the  person  or  persons  to 
whom  the  same  are  made  payable. 

SEC.  342.  Countersigned.  [Laws  1891,  ch.  249,  sec.  5.]  Be- 
fore delivering  any  warrant  to  the  person  or  persons  for  whose 
benefit  the  same  is  drawn,  the  clerk  shall  present  the  same  to 
the  treasurer,  who  shall  enter,  in  a  book  by  him  kept  for  that 
purpose,  the  number,  date  and  amount  of  such  warrant,  on 
what  fund  drawn,  and  the  name  of  the  payee,  and  thereupon 
countersign  the  warrant  upon  the  face  thereof. 

SEC.  343.  Payment.  [Laws  1891,  ch.  249,  sec.  6.]  It  shall 
be  the  duty  of  the  treasurer  of  any  county,  city,  township, 
school  district  or  board  of  education  to  pay  on  presentation  any 
warrant  properly  drawn  on  any  fund  in  his  custody  by  virtue 
of  his  office,  and,  when  paid,  write  across  the  face  of  such  war- 
rant the  word  "  Paid"  in  red  ink,  and  sign  the  same  :  Provided, 
That  there  is  sufficient  money  in  his  possession  belonging  to  the 
fund  upon  which  such  warrant  is  drawn  to  pay  the  same. 

SEC.  344.  Indorsed.  [Laws  1891,  ch.  249,  sec.  7.]  In  case 
there  is  not  sufficient  money  in  the  hands  of  such  treasurer  to 
pay  any  warrant  when  presented,  he  shall  indorse  thereon  a 
proper  registered  number,  in  the  regular  order  of  its  presenta- 
tion, and  the  words,  " Presented  and  not  paid  for  want  of 
funds,"  with  date,  and  sign  said  indorsement;  and  he  shall 
record  in  his  warrant  register  the  number,  amount  and  date  of 
all  such  warrants,  to  whom  payable,  and  the  date  when  pre- 
sented for  payment,  and  their  registered  number  as  indorsed 
thereon,  and  such  warrants  shall  be  paid  in  the  order  of  their 
presentation  as  shown  by  such  register  ;  and  no  warrants  shall 
be  received  for  taxes  by  any  county  treasurer  unless  he  shall 
have  in  cash  a  sufficient  sum  to  redeem  all  warrants  having 
such  priority  over  the  warrants  so  offered  for  taxes. 

SEC.  345.  Publications  of  Lists.  [Laws  1891,  ch.  249,  sec.  8.] 
It  shall  be  the  duty  of  any  treasurer,  whenever  any  money 
comes  into  his  hands  by  virtue  of  his  office,  to  set  apart  a  suf- 
ficient sum  to  pay  any  or  all  warrants  that  have  been  registered 
in  compliance  with  the  provisions  of  this  act,  and  to  keep  the 


SCHOOL    LAWS    OF    KANSAS.  125 

same  until  called  for ;  and  it  shall  be  the  duty  of  every  county, 
township  and  school-district  treasurer  to  publish  in  the  official 
county  paper,  and  of  every  city  treasurer  and  board  of  educa- 
tion to  publish  in  the  official  city  paper,  between  the  1st  and 
15th  days  of  February  and  August  in  each  year,  a  call  for  the 
redemption  of  such  warrants  as  he  can  pay,  describing  the  war- 
rants by  giving  their  issue  number,  registered  number,  and 
amount ;  and  interest  shall  cease  on  each  of  said  warrants  on 
and  after  such  publication. 

SEC.  346.  Books  Delivered.  [Laws  1891,  ch.  249,  sec.  9.] 
Every  county,  city  and  township  treasurer  and  every  treasurer 
of  a  school  district  or  board  of  education  shall,  upon  the  expira- 
tion of  his  term  of  office,  deliver  to  his  successor  the  warrant 
register  containing  the  list  of  warrants  originally  recorded  and 
countersigned  and  presented  and  registered,  who  shall  in  all 
things  act  as  though  the  entries  of  such  warrants  were  made  by 
himself. 

SEC.  347.  Penalty.  [Laws  1891,  ch.  249,  sec.  10.]  Any  offi- 
cer of  any  county,  city,  township,  school  district  or  board  of 
education  who  shall  sign  or  attest  any  warrant  not  duly  author- 
ized by  the  proper  board  or  city  council,  and  any  treasurer  who 
shall  countersign  any  warrant  not  theretofore  signed  and  at- 
tested by  the  proper  officers  as  required  in  this  act,  shall  be 
liable  to  the  county,  city,  township,  school  district  or  board  of 
education  in  the  sum  of  such  warrant ;  and  any  such  officer 
who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  of  not  less  than  $50  nor  more  than  $500. 


126  SCHOOL   LAWS    OF    KANSAS. 


ARTICLE  XXI. 

WATER-CLOSETS. 

SECTION  348.  Building  and  Maintaining.  [Laws  1891,  ch.  197, 
sec.  1.]  That  the  school  boards  and  boards  of  education  having 
supervision  over  any  school  district  in  this  state  shall  provide 
and  maintain  suitable  and  convenient  water-closets  for  each  of 
the  schools  under  their  charge  or  supervision.  There  shall  be 
at  least  two  in  number,  which  shall  be  entirely  separate  from 
each  other.  It  shall  be  the  duty  of  the  officers  aforesaid  to  see 
that  the  same  are  kept  in  a  neat  and  wholesome  condition  ;  and 
failure  to  comply  with  the  provisions  of  this  act  by  the  afore- 
said officers  shall  be  grounds  for  their  removal  from  office. 


SCHOOL    LAWS    OF    KANSAS.  127 


ARTICLE   XXII. 


SCHOOL -DISTRICT  LIBRARIES. 


§351.  Librarian  to  be  appointed  by  district 
board. 


§349.   Cchool  districts  may  vote  a  tax  not  to 

exceed  two  mills  for  district  library. 
350.  The  money  so  collected  shall  be  used  for 
no  other  purpose. 

SECTION  349.  Library  Fund.  [5678.]  That  the  several  school 
districts  of  the  state  may,  at  the  annual  meeting  in  each  year, 
vote  a  tax  upon  all  the  taxable  property  of  the  district,  not  to 
exceed  two  mills  on  the  dollar,  which  tax  shall  be  certified  by  the 
district  clerk  to  the  county  clerk,  at  the  same  time  and  manner 
as  other  school-district  taxes  are  certified  ;  and  the  county  clerk 
shall  place  the  same  on  the  tax-roll  of  the  county  in  a  separate 
column,  designating  the  purpose  for  which  such  tax  was  levied  ; 
and  said  tax  shall  be  collected  and  paid  over  to  the  treasurer  of 
said  district  in  all  respects  as  other  school-district  taxes  are  col- 
lected and  paid  :  Provided,  however,  That  in  the  districts  where 
the  taxable  property  of  the  district  is  more  than  $20,000  and 
not  more  than  $30,000,  there  shall  not  be  levied  more  than  1£ 
mills  on  the  dollar ;  and  where  the  taxable  property  is  more 
than  |30,000  and  not  more  than  $50,000,  there  shall  not  be  levied 
more  than  1  mill  on  the  dollar  ;  and  in  all  cases  where  the  tax- 
able property  of  the  district  shall  exceed  $50,000,  there  shall 
not  be  levied  more  than  one-half  mill  on  the  dollar.  ( Laws 
1876,  ch.  122,  art.  8,  sec.  1.) 

SEC.  350.  How  Used.  [5679.]  The  money  so  collected  shall 
be  used  under  the  direction  of  the  board  of  directors  for  the 
purchasing  of  a  school-district  library,  and  for  no  other  pur- 
pose ;  and  the  district  board,  in  the  purchase  of  books,  shall  be 
confined  to  works  of  history,  biography,  science,  and  travels. 
(Laws  1876,  ch.  122,  art.  8,  sec.  2.) 

SEC.  351.  Librarian;  Rules.  [5680. J  The  district  clerk  shall 
be  the  librarian,  unless  the  board  of  directors  shall  appoint  some 
other  competent  and  suitable  person,  who  shall  reside  in  the 
district,  to  perform  the  duties  of  that  office  ;  and  the  board  shall 
have  power  to  make  such  rules  and  regulations  in  regard  to  the 
management  of  said  library  as  they  shall  deem  best,  and  they 
shall  revise  and  change  said  rules  from  time  to  time  as  the 
necessities  of  the  case  may  require.  (Laws  1876,  ch.  122,  art.  8, 
sec.  3.) 


128 


SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  XXIII. 


SCHOOL  LANDS. 


§352.  What  school  lands  must  be  sold. 

353.  Petition  for  sale  to  be  signed,  etc. ;  ap- 

pointment and  duties  of  appraisers; 
minimum  price. 

354.  County  clerk  shall  record  appointment 

and  file  appraisement. 

355.  Sale  and  leasing  of  school  lands. 

356.  Unlawful  to  occupy  school  lands. 

357.  Duty  of  county  clerk. 

358.  Penalty  for  false  swearing. 

359.  Proceedings  in  probate  court;  right  of 

appeal. 

360.  Claimant  may  purchase  one  quarter-sec- 

tion at  appraised  value,  when  ;  county 
treasurer  shall  dispose  of  unsold  por- 
tion, how. 

361.  Terms  of  payment  for  other  lands. 

362.  County  clerk  shall  issue  certificate  to 

purchaser;  attorney-general  shall  pre- 
pare form  for  certificate. 

363.  Credits  on  contracts;    fractional  subdi- 

visions. 

364.  Interest  on  deferred  payments,  how  ap- 

propriated. 

365.  Purchaser  credited  on  record  of  county 

clerk,  how. 

366.  Clerk  shall  transmit  to  auditor,  when. 

367.  State  auditor  shall  debit  and  credit  each 

county  treasurer,  how. 

368.  County  treasurer  shall  pay  over  moneys 

to  state  treasurer,  when;  penalty  for 
failure  to  pay  over. 

369.  Purchaser  shall  not  commit  waste ;  lands 

purchased  under  this  act  are  taxable. 

370.  Governor    issue    patent    to    purchaser, 

when. 

371.  In  case  of  failure  to  pay  interest,  etc., 

when  due,  title  to  land  forfeited; 
county  attorney  shall  proceed  to  eject. 

372.  Forfeited    lands    may    be    reappraised, 

when. 

373.  Who  shall  be  allowed  to  purchase. 


§374.  Proceeds  of  sale,  how  invested. 

375.  Lands  may  be  sold  at  private  sale  to  ac- 

tual settlers,  when,  in  what  quantities, 
and  at  what  price. 

376.  Privilege  of  school  district  to  purchase 

site. 

377.  Fees  allowed  for  specified  services ;  tim- 

bered lands  may  be  surveyed;  county 
treasurer  shall  pay  on  order  of  county 
superintendent. 

378.  County   superintendent   shall   transmit 

abstract  of  orders  to  state  auditor, 
when ;  state  treasurer  shall  give  addi- 
tional bonds  as  custodian  of  bonds  and 
securities. 

379.  State  auditor  shall  include  in  his  annual 

report  a  statement  of  sales  of  school 
lands. 

380.  County  clerk  shall  furnish  state  auditor 

with  requisite  data  for  a  report. 

381.  Penalty  for  trespass  on  school  land  ;  fine. 

382.  Trespassers  shall  be  brought  before  jus- 

tice, how. 

383.  Procedure  in  justices'  courts. 

384.  Court  having  criminal  jurisdiction  shall 

give  special  charge  to  grand  jury. 

385.  Duty  of  whom  to  take  notice  and  file 

complaint. 

386.  County  attorney  shall  prosecute. 

387.  Fines  collected  for  trespass  to  be  paid 

into  the  county  school  fund. 

388.  County  clerk  shall  report  sales  of  school 

lands  to  state  auditor,  when ;  penalty 
for  failure  to  report. 

389.  Duty  of  auditor,  if  clerk  fails  to  report. 

390.  Purchaser     shall     pay,     annually,    the 

amounts  specified  in  his  bond,  and 
shall  receive  from  county  treasurer 
duplicate  receipts. 

391.  Duty  of  auditor  if  county  treasurer  fails 

to  pay  over  moneys  arising  from  sale 
of  school  lands. 


SECTION  352.  May  be  Sold.  [5766.]  All  lands  granted  by  the 
congress  of  the  United  States  for  school  purposes,  known  as 
sections  16  and  36,  together  with  all  such  lands  as  have  been 
granted  in  lieu  of  said  sections,  may  be  sold ;  and  such  sale 
shall  be  regulated  by  the  provisions  of  this  act :  Provided,  That 
no  lands  granted  by  act  of  congress  for  school  purposes,  lying 
and  being  in  any  unorganized  county  of  this  state,  shall  be  sub- 
ject to  sale  until  three  years  after  such  county  shall  have  been 
organized.  (Laws  1886,  ch.  150,  sec.  1.) 


SCHOOL    LAWS    OF    KANSAS.  129 

SEC.  353.  Appraisement.  [5767.]  Whenever  20  household- 
ers of  any  organized  township  in  which  the  land  is  situated 
shall  petition  the  superintendent  of  public  schools  of  such 
county  to  expose  to  sale  any  portion  or  portions  of  said  land, 
describing  the  same,  he  shall,  by  and  with  the  consent  of  the 
county  commissioners  of  his  county,  appoint,  in  writing,  three 
disinterested  householders  residing  in  the  county  in  which  said 
land  is  situated,  who,  being  first  duly  sworn  by  an  officer  au- 
thorized to  administer  oaths  to  faithfully  perform  their  duties, 
shall  appraise  each  legal  subdivision  of  said  land  separately  at 
its  real  value,  and  return  their  appraisement  in  writing,  signed 
by  them,  to  the  clerk  of  the  county ;  and  in  case  any  parcel  of 
the  said  land  shall  have  been  improved,  the  said  appraisers 
shall,  in  addition  to  the  appraisement  of  the  land,  return  and 
file  with  the  same  a  separate  appraisement  of  the  improvements 
upon  the  land  :  Provided,  That  no  appraisement  of  land  for  less 
than  f 3  per  acre  shall  be  of  any  validity,  or  entitle  any  per- 
son to  the  provisions  of  this  act.  (Laws  1876,  ch.  122,  art.  14, 
sec.  2.) 

SEC.  354.  County  Clerk.  [5763.]  The  county  clerk  shall 
immediately  file  the  said  appointment  and  appraisement  of  said 
appraisers  in  his  office,  and  record  the  same  in  a  book  kept  for 
that  purpose.  (Laws  1876,  ch.  122,  art.  14,  sec.  3.) 

SEC.  355.  Sale  and  Leasing  of  School  Lands.  [Laws  1899,  ch. 
241,  sec.  1.]  That  paragraph  5769  of  the  General  Statutes  of 
1889  be  amended  to  read  as  follows  :  Paragraph  5769.  Any  per- 
son who  has  settled  upon  any  portion  of  school  land  and  has  ac- 
tually resided  thereon  continuously  for  a  period  of  six  months, 
and  has  made  it  his  only  home  for  said  period,  and  has  im- 
proved said  land  to  the  amount  of  f  100,  including  a  permanent 
dwelling,  prior  to  the  appraisement,  may,  within  60  days  after 
its  appraisement,  file  in  the  probate  court  of  his  county  a  veri- 
fied petition  stating  therein  that  he  has  settled  upon  said  land 
and  has  resided  thereon  continuously  for  a  period  of  not  less 
than  six  months  immediately  prior  to  said  appraisement ;  that 
he  has  permanently  improved  said  land  to  the  amount  of  ?100 ; 
that  said  improvements  consist  of  a  permanent  dwelling,  and 
such  other  improvements  as  show  an  intention  to  make  a  per- 
manent home  thereon  ;  that  said  land  has  been  appraised,  and  the 
amount  thereof;  that  said  improvements  have  been  appraised, 
—9 


130  SCHOOL   LAWS    OF   KANSAS. 

and  the  amount  thereof ;  that  he  has  not  heretofore  taken  school 
land  to  the  amount  of  one  quarter-section  under  the  provisions 
of  this  act,  or  of  the  act  of  which  this  is  amendatory ;  that  he 
has  given  10  days'  public  notice  through  a  newspaper  of  general 
circulation  in  the  county  where  said  land  is  situated,  setting 
forth  in  such  notice  a  description  of  the  land,  the  names  and 
residences  of  two  witnesses  by  whom  he  expects  to  prove  said 
settlement  and  improvements;  the  time  when  (the  time  to 
be  fixed  by  the  probate  judge)  said  petition  will  be  heard  by  the 
probate  court,  and  asking  that  he  be  allowed  to  purchase  said 
land :  Provided,  That  any  person  who  has  purchased  school 
land  to  the  amount  of  one  quarter-section  under  the  provi- 
sions of  the  act  of  which  this  act  is  amendatory,  or  who  may 
hereafter  purchase  school  land  to  the  amount  of  one  quarter- 
section  under  the  provisions  of  this  act,  shall  not  again  be  per- 
mitted to  purchase  school  land  under  the  provisions  of  this  act : 
Provided  further,  That  the  heirs  of  deceased  persons  who  have 
made  improvements  upon  school  land  shall  be  entitled  to  all 
the  rights  accruing  to  actual  residents  thereon  :  Provided  further, 
That  school  land  that  has  a  settler  actually  residing  upon  and 
improving  said  land  in  accordance  with  the  provisions  of  this 
act  shall  not  be  brought  into  market  until  six  months  after  the 
commencement  of  such  settlement  and  improvement :  Provided 
further,  That  any  person  who  has  resided  on  school  land  for  a 
period  of  one  year,  and  who  has  neglected  or  refused  to  pur- 
chase the  same  within  said  time  as  herein  provided,  shall  for- 
feit all  rights,  title  and  interest  to  the  same.  The  board  of 
county  commissioners,  county  treasurer  and  county  superin- 
tendent of  public  instruction  of  the  various  counties  in  the  state 
of  Kansas  are  hereby  empowered  to  enter  into  contracts  and 
lease  for  any  purpose  all  school  lands  in  their  respective  coun- 
ties which  are  subject  to  lease  under  the  provisions  of  this  act : 
Provided,  That  only  lands  now  in  cultivation  may  be  leased  for 
agricultural  purposes  :  Provided  further,  That  said  contracts  or 
leases  shall  not  be  for  a  period  less  than  three  nor  more  than 
five  years,  and  for  not  less  than  $25  per  year  per  section,  or  a 
proportional  amount  for  any  subdivision  thereof  :  Provided  fur- 
ther, That  all  contracts  shall  be  made  at  a  regular  meeting  of 
the  board  of  county  commissioners,  and  shall  be  let  to  the  high- 
est bidder :  Provided  further,  That  all  rents  shall  be  paid  an- 


SCHOOL    LAWS    OF    KAJ^AS."  OF  TN!  131 


UN1VEHS 

nually  in  advance,  payments  to  be  made  ra$^he  first  Monday  in 
January  of  each  year  :  Provided  further,  The  first  payment  shall 
be  made  at  the  time  of  entering  into  contract  for  leasing  said 
land.  All  rents  shall  be  paid  to  county  treasurer  of  the  county 
in  which  said  land  is  located,  and  he  shall  remit  the  same  to 
the  state  treasurer  as  a  part  of  the  state  permanent  school  fund. 
Should  any  renter,  lessee  or  any  person  occupying  or  using  such 
school  land  neglect  or  refuse  to  pay  the  rental  when  due,  having 
had  30  days'  notice  by  county  treasurer,  he  shall  forfeit  all  rights 
under  the  contract  herein  provided  for.  When  10  householders 
of  any  organized  township  in  which  the  land  is  leased  under  the 
provisions  of  this  act  is  situated  shall  petition  the  superintend- 
ent of  public  schools  of  such  county  to  expose  to  sale  any  por- 
tion or  portions  of  said  land,  describing  the  same,  he  shall  notify 
the  board  of  county  commissioners  of  such  petition  having  been 
received,  and  they  shall  cause  notice  of  such  petition  to  be  pub- 
lished for  three  consecutive  weeks  in  the  official  county  paper, 
and  after  one  year  from  the  date  of  such  first  publication  the 
land  described  in  such  petition  shall  be  subject  to  appraisement 
and  sale  as  hereinbefore  provided  for,  and  all  such  sales  shall 
be  subject  to  existing  leases  :  And  be  it  provided  further,  That 
any  county  clerk  who  shall  neglect  or  refuse  to  serve  any  notice 
herein  provided  for,  or  the  notice  provided  for  in  section  2,  chap- 
ter 161,  Session  Laws  1879,  on  any  defaulting  purchaser,  within 
90  days  after  such  default  in  payment  of  either  the  annual  in- 
terest or  the  balance  of  the  purchase-money,  shall  be  subject 
to  a  fine  of  not  less  than  $50  nor  more  than  $100  for  each  offense. 
Any  person  locating  upon  school  land  for  homestead  purposes, 
as  herein  provided,  shall  file  with  the  county  clerk  of  the  county 
in  which  such  school  land  is  situated,  within  ten  days  after  such- 
locating  and  settlement,  an  affidavit  of  such  settlement,  and  the- 
county  clerk  shall  immediately  file  such  affidavit,  and  keep  a, 
record  of  all  such  settlements,  and  issue  to  the  person  making; 
the  settlement  a  certificate  containing  the  date  of  settlement  as 
shown  by  the  affidavit  and  the  name  of  the  person  making  the 
settlement,  and  also  the  date  of  filing  such  affidavit. 

SEC.  356.  Unlawful  to  Occupy  School  Lands.  [Laws  1899,  ch. 
241,  sec.  2.J  That  it  shall  be  unlawful  for  any  person,  com- 
pany or  corporation  to  include  any  school  land  in  any  enclosure 
or  occupy  the  same  for  grazing  or  for  other  purposes  without 


132  SCHOOL    LAWS    OP    KANSAS. 

first  having  regularly  leased  or  located  upon  the  same  for  the 
purpose  of  a  homestead  under  the  provisions  of  this  act.  Any 
person,  company  or  corporation  so  enclosing  or  occupying  said 
school  lands  without  having  entered  the  same  for  the  purpose 
of  a  homestead,  or  leased  the  same  under  the  provisions  of  this 
act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  subject  to  a  fine  of  not  less  than  $10  and  not  ex- 
ceeding $100,  and  shall  also  be  liable  for  the  amount  of  the 
minimum  yearly  rental  value  of  the  land  so  enclosed  or  occu- 
pied and  the  costs  of  collecting  the  same  ;  and  to  secure  the  pay- 
ment of  the  minimum  rental  value  of  such  land,  a  first  lien  is 
hereby  declared  and  created  upon  and  against  any  stock  per- 
mitted to  graze  on  any  school  lands  in  violation  of  the  provisions 
of  this  act,  and  shall  be  enforced  by  the  sheriff  of  the  county  as 
hereinafter  provided. 

SEC.  357.  Duty  of  County  Clerk.  [Laws  1899,  ch.  241,  sec, 
3.J  It  shall  be  the  duty  of  the  county  clerks  of  the  several 
counties  of  this  state  to  furnish  the  sheriffs  of  their  respective 
counties  with  a  complete  list  of  all  school  land  not  located  for 
settlement  or  leased  as  provided  in  this  act  lying  and  situated 
within  said  county,  on  or  before  the  1st  day  of  May  of  each 
year,  and  on  receipt  of  such  list  it  shall  be  the  duty  of  the  sher- 
iff to  make  a  personal  investigation  for  the  purpose  of  ascertain- 
ing whether  any  of  the  school  lands  mentioned  in  said  list  have 
been  or  are  occupied  in  violation  of  any  of  the  provisions  of  this 
act ;  such  list  to  be  a  continuing  notice  to  such  sheriff  for  said 
year,  and  the  sheriff  is  further  authorized  and  directed,  when- 
ever he  is  satisfied  that  any  school  land  has  been  or  is  enclosed 
or  occupied  in  violation  of  this  act,  to  proceed  at  once  to  collect 
from  the  owner  or  keeper  of  the  animals  grazing  such  school 
lands  the  minimum  rental  value  of  such  lands,  and  for  such 
purpose  he  is  hereby  authorized  and  directed  to  collect  such 
sum  or  sums  of  money  by  distress  and  sale  of  such  stock,  to- 
gether with  all  costs  of  such  collection.  The  sheriff  shall  receive 
the  same  fees  on  all  claims  collected  as  are  now  provided  by  law 
upon  executions.  All  sales  of  stock  taken  under  distress  shall 
be  at  public  auction,  after  due  notice,  as  provided  in  case  of 
sale  of  personal  property  under  execution. 

'   SEC.  358.     Penalty  for  False  Swearing.      [5770.]      Every  per- 
son who  shall  wilfully  and  corruptly  swear,  testify  or  affirm 


SCHOOL   LAWS    OF   KANSAS.  133 

falsely  to  any  material  matter,  upon  oath  or  affirmation,  in  any 
matter  or  proceeding  relating  to  the  proof  of  settlement  or  im- 
provement upon  school  land,  before  the  probate  court,  under 
the  provisions  of  this  act,  shall  be  deemed  guilty  of  perjury, 
and  shall  upon  conviction  thereof  be  punished  by  confinement 
and  hard  labor  for  a  term  of  not  more  than  seven  years.  (  Laws 
1886,  ch.  152,  sec.  2.) 

SEC.  359.  Proceeding  sin  Probate  Court.  [5771.]  Said  court 
shall  require  the  petitioner  to  prove  the  facts  set  forth  in  his 
petition,  and  the  superintendent  of  public  instruction  may  ap- 
pear and  introduce  testimony  to  controvert  said  facts ;  and  if 
the  petitioner  fails  to  establish  the  truth  of  his  petition,  he  shall 
be  adjudged  to  pay  the  costs.  If  he  feels  himself  aggrieved  by 
the  decision  of  said  court,  he  shall  have  the  right  to  appeal  to 
the  district  court,  by  filing  a  bond  within  15  days  after  such 
decision,  conditioned  that  he  will  prosecute  the  appeal  and  pay 
all  damages  and  costs  that  may  be  adjudged  against  him.  The 
state  shall  have  power  to  appeal  from  the  decision  of  said  court, 
by  the  superintendent  filing  a  notice  thereof  within  the  time 
prescribed  for  the  appeal  by  the  petitioner ;  and  when  said 
notice 'shall  have  been  filed,  the  appeal  shall  be  granted,  and 
the  probate  court  shall  transmit  to  the  clerk  of  the  district  court 
a  certified  transcript  of  the  record  and  proceedings  relating  to 
the  cause,  together  with  the  original  papers  in  his  office  relating 
thereto;  and  the  district  court  shall  have  jurisdiction  of  the 
cause,  and  shall  proceed  to  hear,  try  and  determine  the  same 
anew,  without  regard  to  any  error,  defect  or  other  imperfection 
in  the  proceedings  in  the  probate  court.  (Laws  1876,  ch.  122, 
art.  14,  sec.  5.) 

SEC.  360.  Notice  of  Sale,  etc.  [5772.]  In  all  cases  where  the 
court  shall  find  that  the  petitioner  has  settled  upon  and  im- 
proved school  lands,  as  set  forth  in  his  petition,  the  petitioner 
may  purchase  the  said  lands,  not  exceeding  one  quarter-section, 
for  the  appraised  value  thereof,  exclusive  of  the  value  of  the 
improvements.  The  county  treasurer  shall  then  offer  the  un- 
sold portion  of  all  school  lands  for  sale  at  public  auction,  after 
givi-ng  four  weeks'  notice  thereof  in  some  newspaper  published 
in  such  county ;  and  in  case  no  such  paper  is  published  in  such 
county,  then  said  notice  shall  be  given  by  posting  the  same  at 
each  voting  precinct  in  such  county  at  least  four  weeks  pre- 


134  SCHOOL    LAWS    OF    KANSAS. 

vious  to  the  sale  ;  (and  that  any  person  may  and  shall  have  the 
privilege  of  making  a  bid  or  offer  for  said  lands,  between  the 
hours  of  10  o'clock  A.  M.  and  3  o'clock  p.  M.  of  said  day  of  sale.) 
Said  notice  shall  contain  a  description  of  the  land  and  improve- 
ments, if  any,  thereon,  with  the  appraised  value  thereof,  and  a 
statement  (of  the  hours  of  sale,  which  shall  be  between  the 
hours  of  10  o'clock  A.  M.  and  3  o'clock  p.  M.,  as  aforesaid),  and 
the  place  of  sale  ;  and  no  bid  at  said  sale  shall  be  received  for 
less  than  the  appraised  value  of  said  land  and  improvements. 
Timber  land  may  be  subdivided  into  lots  of  such  size  as  the  su- 
perintendent of  public  instruction  and  appraisers  may  deem 
best ;  and  in  all  cases  one-half  the  purchase-money  for  timber 
land  shall  be  paid  at  the  time  of  purchase,  and  the  purchaser 
shall  give  a  good  and  sufficient  bond  for  the  payment  of  the  re- 
mainder, as  for  other  lands  sold  under  this  act.  (Laws  1876, 
ch.  122,  art.  14,  sec.  6.) 

SEC.  361.  Terms  of  Payment.  [5773.]  Any  person  purchas- 
ing such  land  shall  pay  to  the  treasurer  of  the  county  in  which 
the  same  is  situated  one-tenth  of  the  amount  of  the  purchase- 
money,  taking  therefor  a  receipt,  which  he  shall  present  to  the 
county  clerk,  together  with  a  bond  in  double  the  amount  of  the 
purchase-money  unpaid,  conditioned  that  he  will  not  commit 
waste  upon  said  land,  and  that  he  will  pay  the  balance  of  said 
purchase-money  in  20  years,  and  interest  to  be  paid  annually 
thereon  at  the  rate  of  6  per  cent,  per  annum  as  the  same  be- 
comes due  :  Provided,  That  the  purchaser  may  pay  the  balance 
of  the  purchase-money  at  any  time,  or  in  instalments  of  not 
less  than  $25  :  Provided,  also,  Any  person  having  heretofore 
purchased  such  land,  and  made  partial  payment  of  the  pur- 
chase-money, and  the  purchase-money  not  being  due  on  the 
same,  and  who  is  not  in  default  in  payment  of  interest  due  upon 
such  purchase,  or  taxes  due  upon  the  land,  may,  upon  surren- 
dering the  certificate  of  purchase  to  the  county  clerk  in  the 
county  in  which  said  land  is  situate,  take  out  a  new  certificate 
of  purchase  under  the  provision  aforesaid,  and  upon  presenting 
a  new  bond  in  double  the  amount  of  purchase-money  remaining 
unpaid,  said  bond  conditioned  the  same  as  the  bond  aforemen- 
tioned in  this  section.  (Laws  1883,  ch.  140,  sec.  1.) 

SEC.  362.  Certificate  of  Purchase.  [5774.]  The  county  clerk 
shall  thereupon  enter  the  amount  of  the  purchase-money  of  the 


SCHOOL    LAWS    OP    KANSAS.  135 

land,  the  amount  paid  upon  the  same,  in  a  book  kept  for  that 
purpose,  and  shall  charge  the  same  to  the  county  treasurer  in 
the  records  of  the  county,  and  shall  issue  to  the  purchaser  a 
certificate,  under  the  seal  of  his  office,  showing  the  amount 
paid,  the  amount  due,  and  the  time  when  due,  with  interest, 
and  that  upon  the  payment  of  said  amount,  when  due,  with  in- 
terest, he  will  be  entitled  to  a  patent  to  said  land.  It  shall  be 
the  duty  of  the  attorney-general  to  prepare  a  proper  form  for 
said  certificates  for  the  sale  of  said  land,  so  as  to  protect  the 
rights  of  the  state  and  of  the  purchaser,  his  heirs  and  assigns. 
(Laws  1876,  ch.  122,  art.  14,  sec.  8.) 

SEC.  363.  Credits  on  Contracts  of  Sale  of  Fractional  Subdivisions. 
[5805.]  That  in  all  cases  where  state  school  lands  have  by  mis- 
take been  sold  as  and  for  full  legal  subdivisions  of  160  acres  or 
less,  when  in  fact  the  lands  so  sold  were  fractional  subdivisions 
of  and  less  than  the  full  legal  subdivisions  for  which  it  was  sold, 
and  the  purchase-money  or  a  part  thereof  is  unpaid,  the  county 
treasurer  of  the  county  in  which  such  lands  are  situated,  in 
making  final  settlement  with  the  purchaser  of  such  lands,  or 
with  his  or  her  assignee  or  legal  or  personal  representative,  is 
hereby  authorized  to  credit  such  purchaser  or  his  or  her  as- 
signee or  legal  or  personal  representative,  upon  such  contract  of 
purchase,  with  an  amount  equal  to  the  pro  rata  value  of  the 
difference  in  acres  between  the  number  of  acres  actually  con- 
tained in  the  fractional  subdivision  sold  and  the  number  of 
acres  it  was  supposed  to  contain,  and  for  which  it  was  sold ; 
and  such  county  treasurer  shall  state  the  amount  of  such  credit 
in  his  report  to  the  auditor  and  state  treasurer ;  and  the  audi- 
tor of  state  is  hereby  directed  to  credit  the  same  to  the  county 
treasurer  of  said  county.  (Laws  1885,  ch.  183,  sec.  1.) 

SEC.  364.  Interest,  How  Applied.  [5775.]  The  interest  on 
the  deferred  payments  of  the  land  sold  under  this  act  shall  be 
annually  appropriated  to  the  support  of  schools,  as  other  school 
moneys,  and  under  the  direction  of  the  state  superintendent  of 
public  instruction,  as  provided  by  law.  (Laws  1876,  ch.  122, 
art.  14,  sec.  9.) 

SEC.  365.  Credits.  [5776.]  The  purchaser,  when  he  pays  to 
the  county  treasurer  the  interest,  as  it  becomes  due,  or  any  por- 
tion of  the  principal,  shall  t^ake  a  receipt  for  the  same,  which  he 
shall  present  to  the  county  clerk,  who  shall  credit  him  with  the 


136  SCHOOL    LAWS    OF    KANSAS. 

same,  and  charge  the  amount  to  the  treasurer.    (Laws  1876,  ch. 
122,  art.  14,  sec.  10.) 

SEC.  366.  Abstracts.  [5777.]  The  county  clerk  shall,  semi- 
annually,  on  the  1st  days  of  January  and  July  of  each  year, 
transmit  to  the  state  auditor  an  abstract  of  the  land  for  which 
he  has  issued  certificates  during  the  year,  the  amount  of  the 
purchase-money  for  the  same,  the  amount  paid  on  each  parcel 
of  land,  and  the  amount  paid  on  yearly  instalments  for  the  cur- 
rent year,  principal  and  interest  separately.  (Laws  1876,  ch. 
122,  art.  14,  sec.  11.) 

SEC.  367.  State  Auditor.  [5778.]  The  auditor  shall  charge 
each  of  the  treasurers  in  the  state  the  amount  of  moneys  re- 
ceived as  principal  and  interest,  separately,  from  the  sale  of 
school  lands  in  their  respective  counties,  as  certified  by  the 
clerks  of  the  several  counties,  and  upon  the  payment  of  the  said 
moneys  to  the  treasurer  of  state,  and  the  presentation  of  the 
state  treasurer's  receipt,  shall  credit  the  several  treasurers  with 
the  amount  of  the  same.  (Laws  1876,  ch.  122,  art.  14,  sec.  12.) 

SEC.  368.  County  Treasurers.  [5779.]  The  treasurers  of  the 
several  counties  shall  pay  over,  semiannually,  to  the  treasurer 
of  the  state,  the  amount  received  in  their  counties  from  the  sale 
of  school  land,  taking  receipts  therefor,  which,  when  indorsed 
by  the  auditor  of  state,  shall  be  presented  to  the  clerk  of  his 
county,  who  shall  credit  him  with  the  amount  of  the  same  ; 
and  any  treasurer  failing  so  to  do  shall  be  liable  in  double  the 
amount  not  paid  over,  on  his  official  bond,  to  be  recovered  by 
action  in  the  district  court,  in  the  name  of  the  state  of  Kansas. 
(Laws  1876,  ch.  122,  art.  14,  sec.  13.) 

SEC.  369.  Waste;  Taxation.  [5780.]  No  purchaser  of  school 
land,  prior  to  his  obtaining  title  to  the  same,  shall  commit  any 
waste  upon  such  land,  or  take  or  remove  mineral  or  timber  from 
the  same,  other  than  for  use  upon  or  improvements  of  said  land. 
The  land  purchased  under  this  act  shall  be  subject  to  taxation, 
as  other  lands  ;  and  in  case  of  non-payment  of  any  taxes  charged 
thereon,  the  said  lands  may  be  sold,  as  in  other  cases,  but  the 
purchaser  at  such  sale  shall  be  subject  to  all  the  conditions  of 
the  bond  of  the  original  maker,  and  of  the  certificate  of  purchase  : 
Provided,  That  such  purchaser  of  said  school  land  shall  be 
allowed  one  year  from  the  date  of  the  certificate  of  sale  of  such 


SCHOOL    LAWS    OP    KANSAS.  137 

land  for  such  taxes  in  which  to  redeem  from  such  tax  sale,  by 
complying  with  the  provisions  of  law  relating  to  the  redemption 
of  land  from  tax  sale,  and  paying  to  the  county  treasurer,  for 
the  benefit  of  the  holder  of  such  tax  certificate,  all  instalments 
of  interests  or  other  payments  which  such  holder  of  tax  certifi- 
cate has  been  compelled  to  pay  in  order  to  prevent  a  forfeiture 
of  the  rights  of  purchaser  of  school  land,  under  the  provisions 
of  section  16  of  this  act.73  (Laws  1879,  ch.  161,  sec.  1.) 

SEC.  370.  Patent.  [5781.]  On  presentation  of  a  certificate 
of  the  county  clerk,  showing  that  any  person  has  paid  the 
full  amount  of  the  purchase-money,  and  all  interest  due,  for  any 
portion  of  said  school  lands,  with  a  certificate  thereon,  indorsed 
by  the  auditor  of  state,  showing  that  he  has  charged  the  county 
treasurer  of  the  county  where  the  land  is  situated  with  the  full 
amount  of  the  purchase-money  mentioned  in  said  certificate, 
the  governor  of  the  state  shall  issue  a  patent  to  the  purchaser, 
his  heirs  or  assigns,  for  the  same,  which  said  patent  shall  con- 
vey to  the  patentee  a  full  title  in  fee  simple  to  said  lands.  (Laws 
1876,  ch.  122,  art.  14,  sec.  15.) 

SEC.  371.  Forfeiture;  Fees.  [5782.]  If  any  purchaser  of 
school  land  shall  fail  to  pay  the  annual  interest  when  the  same 
becomes  due,  or  the  balance  of  the  purchase-money  when  the 
same  becomes  due,  it  shall  be  the  duty  of  the  county  clerk  of 
the  county  in  which  such  land  is  situated  immediately  to  issue 
to  the  purchaser  a  notice  in  writing,  notifying  such  purchaser 
of  such  default,  and  that  if  such  purchaser  fail  to  pay  or  cause 
to  be  paid  the  amount  so  due,  together  with  the  costs  of  issuing 
and  serving  such  notice,  within  60  days  from  the  service  thereof, 
the  said  purchaser  and  all  persons  claiming  under  him  will 
forfeit  absolutely  all  right  and  interest  in  and  to  such  land 
under  said  purchase,  and  an  action  will  be  brought  to  eject 
such  purchaser  and  all  persons  claiming  under  him  from  such 
land.  It  shall  be  the  duty  of  said  county  clerk  to  include  in 
such  notice  all  tracts  of  land  sold  to  the  same  purchaser  and 
on  which  default  in  any  such  payments  then  exists.  The  notice 
above  provided  for  shall  be  served  by  the  sheriff  of  the  county, 
by  delivering  a  copy  thereof  to  such  purchaser,  if  found  in  the 
county,  also  to  all  persons  in  possession  of  such  land ;  and  if 

73  Section  371  of  this  book. 


138  SCHOOL    LAWS    OF    KANSAS. 

such  purchaser  cannot  be  found,  and  no  person  is  in  possession 
of  said  land,  then  by  posting  the  same  up  in  a  conspicuous 
place  in  the  office  of  the  county  clerk.  And  in  case  such  land 
or  any  part  thereof  has  been  sold  for  taxes,  a  copy  of  such 
notice  shall  be  delivered  to  such  purchaser  at  tax  sale,  if  a 
resident  of  the  county.  Said  sheriff  shall  serve  such  notice  and 
make  due  return  of  the  time  and  manner  of  such  service  within 
15  days  from  the  time  of  his  receipt  of  the  same.  The  sheriff 
shall  be  entitled  to  the  same  fees  and  mileage  for  serving  the 
same  as  allowed  by  law  for  serving  summons  in  civil  actions. 
If  such  purchaser  shall  fail  to  pay  the  sum  so  due,  and  all  costs 
incident  to  the  issue  and  service  of  said  notice,  within  60  days 
from  the  time  of  the  service  or  posting  of  such  notice  as  above 
provided,  such  purchaser  and  all  persons  claiming  under  him, 
shall  forfeit  absolutely  all  rights  and  interest  in  and  to  such  land 
under  and  by  virtue  of  such  purchase  ;  and  the  county  attorney 
shall  proceed  to  eject  him  and  all  persons  claiming  under  him, 
from  said  premises,  if  in  possession.  If  the  costs  of  the  issue  and 
service  of  the  notice  above  provided  for  be  not  paid  by  the 
purchaser  of  such  land,  the  same  shall  be  paid  by  the  county 
treasurer  out  of  the  proceeds  of  the  sale  of  school  lands  in  his 
hands,  upon  the  order  of  the  county  superintendent  of  public 
instruction,  made  upon  the  affidavits  of  the  officers  to  whom 
the  same  are  due,  showing  the  amount  and  correctness  of  the 
same  :  Provided,  In  all  cases  of  the  sale  of  school  lands  heretofore 
made,  when  the  purchaser  or  purchasers  thereof  have  made 
partial  payments  therefor,  and  have  forfeited  the  same  by  law, 
and  the  money  already  paid  thereon,  and  when  the  said  pur- 
chaser or  purchasers  thereof  have  not  been  ejected,  the  person 
or  persons  having  made  such  partial  payment  or  payments, 
their  heirs  or  assigns,  may  renew  their  right  to  retain  said  lands 
by  making  full  payment  of  all  interest  that  may  be  due,  with 
interest  at  the  rate  of  ten  per  cent,  per  annum  on  all  interest  in 
default  from  the  date  of  default  to  date  of  full  payment :  Pro- 
vided, Such  payment  shall  be  made  within  six  months  from  the 
1st  day  of  April,  1879  :  And  provided,  When  such  lands  shall 
have  been  disposed  of  to  other  persons,  in  pursuance  of  law,  no 
interest  obtained  shall  be  affected  by  this  act :  And  provided 
farther,  That  all  expenses  that  may  be  incurred  under  this  act 


SCHOOL    LAWS    OP    KANSAS.  139 

' 

shall  be  borne  by  those  seeking  to  avail  themselves  of  the  bene- 
fits of  this  act.  ( Laws  1879,  ch.  161,  sec.  2.) 

SEC.  372.  Forfeited  Lands .  [5783.]  Land  from  which  pur- 
chasers have  been  ejected,  and  lands  which  have  been  forfeited, 
and  which  are  unoccupied  by  the  purchaser  or  his  assigns,  shall 
be  reappraised,  and  may  be  purchased  by  any  person  in  accord- 
ance with  the  provisions  of  this  act,  and  in  all  cases  lands  which 
have  not  been  claimed  or  purchased  shall  be  reappraised  every 
five  years  :  Provided,  That  they  may  be  reappraised  at  any  time 
on  petition  of  one-half  of  the  bona  fide  householders  of  the  town- 
ship in  which  the  lands  lie  to  the  board  of  county  commissioners 
of  the  county,  at  their  discretion.  But  such  reappraisement  shall 
be  conducted  according  to  the  provisions  of  this  act,  and  the 
sales  upon  the  same,  shall  be  conducted  in  all  respects  in  accord- 
ance with  the  provisions  of  this  act.  (Laws  1879,  ch.  161,  sec.  3.) 

SEC.  373.  Unlawful  Purchase.  [5784. J  It  shall  be  unlawful 
for  the  county  superintendent  appointing  the  appraisers,  or  the 
persons  appraising  the  lands,  to  purchase,  either  directly  or  in- 
directly, any  portion  of  the  lands  appraised  by  them.  (Laws 
1876,  ch.  122,  art.  14,  sec.  18.) 

SEC.  374.  Investment  of  Proceeds.  [5785.]  The  proceeds  of 
the  sale  of  school  lands  shall  be  invested  by  the  board  of  com- 
missioners for  the  management  and  investment  of  school  funds 
in  the  bonds  or  other  interest-paying  securities  of  this  state  or 
of  the  United  States,  at  the  current  market  price  thereof  at  the 
time  of  making  such  investment.  (Laws  1876,  ch.  122,  art.  14, 
sec.  19.) 

SEC.  375.  Private  Sale.  [5786.]  In  all  cases  where  school 
lands  fail  to  sell  as  provided  for  in  this  act,  the  county  treasurer 
may  dispose  of  said  lands  at  private  sale  to  actual  settlers  only, 
in  tracts  not  exceeding  160  acres  to  each  purchaser :  Provided, 
That  no  sale  be  made  at  less  than  the  appraised  value  o£  fche 
land  and  improvements  :  And  provided  further,  That  if  school 
lands,  once  offered  at  public  sale,  are  not  sold  within  one  year 
from  the  time  of  said  sale,  they  shall  be  reappraised  and  sold  at 
public  sale,  as  other  school  lands  are  sold  :  Provided  further,  That 
the  person  so  residing  upon  said  school  land  shall  have  the  privi- 
lege of  purchasing  said  land,  exclusive  of  the  appraised  value  of 
the  improvements  ;  but  in  the  event  of  any  person  other  than 
the  actual  settler  buying  in  said  land,  the  person  so  purchasing 


140  SCHOOL    LAWS    OF    KANSAS. 

shall  pay  to  the  person  entitled  to  the  pay  for  the  improvements 
the  amount  of  the  appraised  value  of  said  improvements,  they 
having  been  previously  appraised  according  to  the  provisions  of 
this  act.  (Laws  1876,  ch.  122,  art.  14,  sec.  20.) 

SEC.  376.  Privilege  of  School  District.  [5787.]  Any  school 
district  shall  be  entitled  to  purchase  and  acquire,  for  a  school- 
house  site,  any  quantity  of  land  not  exceeding  two  acres,  of  any 
school  lands  situate  in  such  district,  and  shall  acquire  the  title 
to  the  same  according  to  the  provisions  of  this  act :  Provided, 
That  such  tract  shall  be  situate  on  one  of  the  boundary  lines  of 
the  section,  or  any  quarter-section  thereof.  (Laws  1876,  ch.  122, 
art.  14,  sec.  21.) 

SEC.  377.  Fees.  [5788.]  Each  appraiser  required  under  this 
law  shall  receive  $2  per  day  ;  and  in  cases  when  it  is  necessary 
to  divide  timbered  lands  into  lots  of  less  size  than  the  legal  sub- 
divisions, the  surveyor,  chainmen  and  axrnen  shall  receive  the 
same  pay  as  is  provided  for  by  law  in  other  cases.  The  county 
clerk,  under  this  act,  shall  be  allowed  for  filing  each  paper,  5 
cents  ;  for  recording  each  appraisement  and  other  papers  neces- 
sary to  be  recorded,  7  cents  per  folio ;  for  granting  a  certificate 
to  a  purchaser  of  school  land,  25  cents  ;  for  indorsing  payment 
on  certificate,  5  cents  ;  for  filing  treasurer's  receipt,  5  cents  : 
for  approving  bonds,  25  cents  —  be  paid  by  the  purchaser;  for 
making  out  abstract  to  be  forwarded  to  auditor  of  state,  5  cents 
for  each  tract  of  land.  The  county  treasurer  shall  receive  for 
making  out  list  of  land  for  the  printer  or  to  be  posted,  5  cents 
for  each  tract  advertised  ;  for  issuing  a  receipt  to  purchaser  of 
school  land,  25  cents,  which  receipt,  before  it  shall  be  of  any 
validity,  shall  be  presented  by  the  purchaser  to  the  county  clerk, 
who  shall  indorse  the  same  as  entered  upon  the  proper  book  of 
his  office ;  and  the  county  treasurer  shall  receive  no  fees  for  the 
sale  of  school  lands  except  as  provided  for  in  this  act.  The 
printer,  for  publication  of  notice  for  sale  of  school  lands,  shall 
be  allowed  legal  rates.  The  probate  court  shall  be  allowed  the 
same  fees  under  this  act  as  for  similar  services  in  his  court. 
The  county  attorney,  sheriff  and  district  clerk  shall  receive  for 
their  respective  services  under  this  act  the  fees  allowed  by  the 
law  for  similar  services.  The  several  amounts  above  specified 
shall  be  paid  by  the  county  treasurer  out  of  any  money  arising 
from  the  sale  of  the  school  lands,  on  the  order  of  the  county 


SCHOOL    LAWS    OF    KANSAS.  141 

superintendent  of  public  instruction  ;  and  the  county  superin- 
tendent is  hereby  authorized  to  administer  the  oath  to  apprais- 
ers, and  in  verification  on  all  bills  presented  to  him  he  shall 
take  the  affidavit  of  the  person  or  persons  presenting  such  bills. 
The  county  superintendent  shall  be  paid  as  is  now  provided  by 
law.  (Laws  1886,  ch.  154,  sec.  1.) 

SEC.  378.  County  Superintendent's  Abstracts.  [5789.]  The 
county  superintendent  shall,  on  the  first  Mondays  of  January 
and  July  in  each  year,  transmit  to  the  auditor  of  state  an  ab- 
stract to  the  amount  of  each  order  given,  and  for  what  service, 
which  amounts  shall  be  credited  to  the  treasurer  of  the  proper 
county.  The  treasurer  of  state  shall  be  the  custodian  of  all 
bonds  or  securities  on  which  moneys  arising  under  the  provi- 
sions of  this  act  may  be  invested,  and  he  is  hereby  required  to 
give  additional  bonds,  as  the  governor  of  the  state  shall  direct. 
(Laws  1876,  ch.  122,  art.  14,  sec.  23.) 

SEC.  379.  State  Auditor's  Report.  [5790.]  That  it  shall  be 
the  duty  of  the  auditor  of  state  to  incorporate  in  his  annual  re- 
port to  the  governor  each  year,  by  counties,  and  in  the  aggre- 
gate—  (1)  The  number  of  acres  of  land  sold  under  the  territorial 
government,  and  the  amount  paid  into  the  school  fund  of  the 
state  for  the  same.  (2)  The  whole  number  of  acres  of  school 
lands  sold  in  each  county  since  the  admission  of  the  state  up  to 
the  1st  day  of  July  preceding  such  report ;  the  total  amount  of 
sales ;  average  price  per  acre ;  the  amount  paid  as  principal ; 
amount  of  county  superintendents'  order  [s]  allowed  for  ex- 
penses incurred  in  the  sale  of  lands  ;  and  the  amount  of  unpaid 
instalments  bearing  10  per  cent,  interest.  (3)  The  number  of 
acres  of  school  lands  sold  in  each  county  during  the  year  end- 
ing the  1st  day  of  July  preceding  the  annual  report ;  the  amount 
paid  [as]  principal ;  the  amount  of  superintendents*  orders  al- 
lowed ;  the  amounts  of  instalments  unpaid  on  the  sales  for  the 
year,  and  bearing  interest.  (4)  A  statement  of  the  amount  of 
school  lands  forfeited  in  each  county  during  the  year  ending 
the  1st  of  July  preceding  the  annual  report,  showing  the  num- 
ber of  acres  in  each  tract  forfeited,  the  person  by  whom  for- 
feited, and  for  what  amount,  distinguishing  between  the  unpaid 
principal  and  the  unpaid  interest  which  fell  due  during  the 
year.  (Laws  1876,  ch.  122,  art.  14,  sec.  24.) 


142  SCHOOL    LAWS    OF    KANSAS. 

SEC.  380.  County  Clerk's  Report.  [5791. J  That  it  shall  be 
the  duty  of  the  county  clerk  of  each  county  to  furnish  the  state 
auditor  the  report  named  in  the  foregoing  section  of  this  act,  on 
or  before  the  1st  day  of  October  in  each  year.  (Laws  1876,  ch. 
122,  art.  14,  sec.  25.) 

SEC.  381.  Trespass  on  School  Lands.  [5792.]  If  any  person 
shall  cut  down,  injure,  destroy  or  carry  away  any  tree  or  trees 
growing  upon  any  school  lands  that  are  or  may  hereafter  be  set 
apart  for  the  use  of  the  schools,  or  any  other  state  institutions, 
or  cut,  destroy  or  carry  away  any  wood,  standing  or  being  upon 
or  growing  on  any  school,  college  or  university  land,  or  shall 
dig  up,  quarry  or  carry  away  any  stones,  ore  or  mineral,  lying 
or  being  upon  such  lands,  the  person  committing  such  trespass 
shall  be  deemed  guilty  of  a  misdemeanor,  and  may  be  indicted 
and  fined  in  a  sum  not  less  than  double  the  amount  of  damages 
proved  to  have  been  committed,  and  not  exceeding  $1000,  and 
confined  in  the  county  jail  not  less  than  one  month  and  not 
more  than  six  months.  (Laws  1876,  ch.  122,  art.  14,  sec.  26.) 

SEC.  382.  Complaint  of  Trespass.  [5793.]  Whenever  com- 
plaints shall  be  made,  in  writing  and  upon  oath,  to  any  justice 
of  the  peace,  that  any  person  has  violated  the  provisions  of  the 
preceding  section  of  this  act,  it  shall  be  the  duty  of  such  justice 
to  issue  his  warrant,  under  his  hand,  reciting  the  substance  of 
the  complaint,  and  commanding  the  officer  to  whom  it  is  di- 
rected forthwith  to  apprehend  the  person  so  complained  of, 
and  bring  him  before  such  justice.  (Laws  1876,  ch.  122,  art. 
14,  sec.  27.) 

SEC.  383.  Procedure  in  Justice's  Court.  [5794.]  Upon  such 
persons  being  brought  before  such  justice,  it  shall  be  the  duty 
of  the  justice  to  examine  the  complaint  and  the  witnesses  which 
either  party  may  produce  ;  and  if  it  shall  appear  to  the  satisfac- 
tion of  the  justice  that  the  person  complained  of  is  probably 
guilty,  he  shall  require  such  person  to  enter  into  recognizance  in 
such  sum,  not  exceeding  $2000,  with  two  or  more  sufficient 
securities,  as  such  justice  may  direct,  to  appear  at  the  next  term 
of  the  district  court ;  and  in  default  of  such  recognizance,  the 
justice  shall  commit  such  person  to  jail  to  await  the  action  of 
said  district  court.  (Laws  1876,  ch.  122,  art.  14,  sec.  28.) 

SEC.  384.  Grand  Jury.  [5795.]  It  shall  be  the  duty  of  each 
court  having  criminal  jurisdiction  to  give  this  act  in  charge 


SCHOOL    LAWS    OP    ]J*£iLS.  143 


^^^-  ... — • 

especially  to  the  grand  jury  at  each  term.    (Laws  1876,  ch.  122, 
art.  14,  sec.  29.) 

SEC.  385.  Complaints.  [5796.]  It  shall  be  the  duty  of  the 
county  superintendent  of  public  instruction,  the  district  di- 
rectors, clerks,  and  treasurers,  and  all  sheriffs  and  constables, 
to  take  notice  of  all  trespasses  committed  on  school  lands  in 
their  respective  counties,  and  immediately  file  a  complaint 
against  any  person  violating  this  act,  before  the  proper  authori- 
ties. (Laws  1876,  ch.  122,  art.  14,  sec.  30.) 

SEC.  386.  County  Attorney.  [5797.]  It  shall  be  the  duty  of 
the  county  attorneys  in  their  respective  counties  to  prosecute 
.all  persons  charged  with  the  violation  of  this  act.  (Laws  1876, 
ch.  122,  art.  14,  sec.  31.) 

SEC.  387.  Fines.  [5798.]  All  damages,  fines  and  forfeitures 
collected  under  the  provisions  of  this  act  shall  be  paid  into  the 
county  treasury,  for  the  use  and  benefit  of  the  common-school 
fund.  (Laws  1876,  ch.  122,  art.  14,  sec.  32.) 

SEC.  388.  Report  of  Sales;  Penalty.  [5800.]  That  it  shall  be 
the  duty  of  the  county  clerk  of  each  county  to  furnish  the  state 
auditor  the  report  named  in  the  first  section  of  the  act  to  which 
this  is  amendatory  on  or  before  the  1st  day  of  October  in  each 
year ;  and  that  upon  failure  to  make  said  report  he  shall  be 
deemed  guilty  of  neglect  of  duty  and  misconduct  in  office,  and 
shall  be  punished  by  fine  not  exceeding  $200,  or  by  imprison- 
ment in  the  couiity  jail  not  exceeding  sixty  days,  or  by  both 
such  fine  and  imprisonment.  (Laws  1876,  ch.  126,  sec.  1.) 

SEC.  389.  Duty  of  Auditor.  [5801.]  That  it  shall  be  the 
duty  of  the  auditor  of  state,  on  the  30th  day  of  October,  or  as 
soon  thereafter  as  possible,  annually,  to  report  the  failure  and 
neglect  of  the  several  county  clerks  to  make  the  required  report, 
to  the  attorney-general  of  the  state,  who  shall  at  once  institute 
the  necessary  proceedings  to  punish  said  neglect  of  duty.  (Laws 
1876,  ch.  126,  sec.  2.) 

SEC.  390.  Payments;  How  Made.  [5802.]  The  purchaser 
shall  pay  to  the  treasurer  annually  the  amount  of  each  yearly 
instalment,  with  interest,  as  specified  in  his  bond,  and  the 
treasurer  shall  give  duplicate  receipts  to  the  purchaser  therefor, 
stating  therein  the  amount  paid,  and  on  what  account ;  one  of 
which  shall  forthwith  be  delivered  by  the  purchaser  to  the 


144  SCHOOL    LAWS    OF    KANSAS. 

county  clerk,  who  shall  credit  him  with  the  same,  and  charge 
the  amount  to  the  treasurer.    (Laws  1876,  ch.  127,  sec.  1.) 

SEC.  391.  Prosecution  of  County  Treasurers.  [5803.]  That 
upon  the  failure  of  the  several  county  treasurers  to  pay  into  the 
state  treasury  the  full  amount  received  in  their  respective 
counties  from  the  sale  of  school  lands,  or  the  interest  paid 
thereon  at  each  semiannual  settlement,  it  shall  be  the  duty  of 
the  auditor  of  state  immediately  to  require  the  prosecuting  at- 
torney of  the  proper  county  to  prosecute  the  delinquent  under 
the  provisions  of  section  13  of  the  act  to  which  this  [is]  amenda- 
tory. (Laws  1876,  ch.  127,  sec.  2.) 


SCHOOL    LAWS    OF    KANSAS.  145 


ARTICLE  XXIV. 


FINES  AND  PENALTIES. 


§392.  Jurisdiction  of  justices  of  the  peace. 
393.  Fines  and  penalties,  how  collected. 


Penalty  for  receiving  bonus  from  pub- 
lisher of  school-books. 


SECTION  392.  Jurisdiction.  [5681.]  Justices  of  the  peace 
shall  have  jurisdiction  in  all  cases  in  which  a  school  district  is 
a  party  interested,  when  the  amount  claimed  by  the  plaintiff 
shall  not  exceed  $100  ;  and  the  parties  shall  have  the  right  of 
appeal,  as  in  other  cases.  (Laws  1876,  ch.  122,  art.  9,  sec.  1.) 

SEC.  393.  How  Collected.  [5682.]  All  fines  and  penalties  not 
otherwise  provided  for  in  this  act  shall  be  collected  by  an  action 
in  any  court  of  competent  jurisdiction.  (Laws  1876,  ch.  122, 
art  9,  sec.  2.) 

SEC.  394.  Penalty  for  Receiving  Bonus.  [5683.]  If  the  state 
superintendent,  or  any  county  superintendent  of  public  instruc- 
tion, shall  receive  from  the  publisher  of  any  school-books,  or 
from  any  other  person  interested  in  the  sale  or  introduction  of 
any  book  into  the  public  schools  in  the  state,  any  money  or 
bonus  in  any  manner  as  an  inducement  for  the  recommendation 
or  introduction  of  any  such  book  into  the  public  schools  of  the 
state,  such  superintendent  shall,  upon  conviction  thereof  before 
any  court  of  competent  jurisdiction,  be  found  guilty  of  a  misde- 
meanor, and  shall  be  fined  in  a  sum  not  less  than  $1000  nor 
exceeding  $5000,  or  shall  be  imprisoned  in  the  penitentiary  for 
any  time  not  less  than  one  year  nor  more  than  five  years,  or 
both  such  fine  and  imprisonment.  (Laws  1876,  ch.  122,  art.  9, 
sec.  3.) 


-10 


146  SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  XXV. 


SCHOOL  TEXT-BOOKS. 


|395.  Commission;  compensation, 

39*.  Term. 

397.  Meetings.    (See,  also,  §423.) 

398.  Texts  to  be  adopted. 

399.  Bids,  hew  submitted. 

400.  Open  bids. 

401.  Secretary. 

402.  May  consider  manuscripts. 

403.  State  not  liable. 

404.  Proclamation. 

405.  Dealers  to  establish  agencies. 

406.  Estimates. 

407.  District  ownership. 

408.  Violation  of  contract. 

409.  Term  of  contract. 


§410.   Blanks. 

411.  Advertise  for  bids. 

412.  Special  meetings. 

413.  Vacancy. 

414.  Oath. 

415.  Penalties. 

416.  Commission ;  penalty  for  violation. 

417.  Appropriation. 

418.  Additional  texts. 

419.  Prices. 

420.  Advertising  for  bids,  etc. 

421.  Maps,  globes,  charts,  and  other  appa- 

ratus. 

422.  Penalties. 

423.  Meetings.    ( See,  also,  §  397.) 


SECTION  395.  Commission.  [Laws  1897,  ch.  179,  sec.  1.]  For 
the  purpose  of  carrying  out  the  provisions  of  this  act,  there  is 
hereby  created  a  school  text-book  commission,  consisting  of 
eight  members,  to  be  appointed  by  the  governor,  by  and  with 
the  consent  of  the  senate,  provided  that  not  more  three  of 
whom  shall  be  selected  from  any  one  political  party,  who  shall 
receive,  as  their  only  compensation,  the  sum  of  f> 5  for  each  day's 
actual  service,  at  any  regular  or  special  session,  and  actual  ex- 
penses in  going  to,  and  returning  from  any  meeting  herein  pro- 
vided for,  and  the  state  superintendent  of  public  instruction 
shall  be  ex  officio  chairman  of  said  school  text-book  commission, 
with  the  right  to  vote  upon  any  and  all  propositions  :  Provided, 
That  no  per  diem  shall  be  allowed  to  any  member  of  this  com- 
mission who  shall,  at  the  time  of  service  thereon,  be  receiving  a 
stated  salary  from  this  state  or  from  any  county  or  city  therein. 

SEC.  396.  Term.  [Laws  1898,  ch.  31,  sec.  1.]  The  term  of 
office  of  this  commission  shall  be  four  years  from  the  first  Mon- 
day in  April,  1897,  and  at  the  expiration  of  said  term  of  office, 
and  each  succeeding  term,  the  governor  shall  appoint,  by  and 
with  the  consent  of  the  senate,  suitable  persons  members  of  this 
commission.  And  on  the  first  Monday  in  May  prior  to  the  ter- 
mination of  any  contract  for  the  furnishing  of  text-books  to  the 
people  of  this  state  under  this  act,  or  upon  the  termination  of 
any  such  contract  or  contracts,  said  commsision  shall  have 
power,  and  it  is  hereby  authorized  and  made  the  duty  of  said 


SCHOOL    LAWS    OF    KANSAS.  147 

commission,  to  make  new  contract  or  contracts,  or  to  relet  any 
old  contract  or  contracts  for  the  furnishing  of  text-books  as  pro- 
vided for  in  this  act,  and  such  commission  shall  succeed  to  all 
the  powers,  duties  and  obligations  of  the  original  commission. 
SEC.  397.  Meetings.  [Laws  1897,  ch.  179,  sec.  3.]  The  time 
of  meeting  for  the  commission  herein  provided  for  shall  be  the 
first  Monday  in  May,  1897,  and  at  such  other  times  as  herein- 
after provided  for. 

SEC.  398.  Texts  to  be  Adopted.  [Laws  1897,  ch.  179,  sec.  4.] 
The  school  text-book  commission  herein  provided  for  shall  be 
empowered,  and  it  is  hereby  authorized  to  select  and  adopt  a 
uniform  series  of  school  text-books74  for  use  in  the  public  schools 
of  the  state  of  Kansas,  in  the  following-named  branches,  to  wit : 
Spelling,  reading,  arithmetic,  geography,  English  grammar, 
physiology  and  hygiene,  history  of  the  United  States,  civil 
government,  elements  of  algebra  and  physical  geography,  ele- 
ments of  natural  philosophy,  bookkeeping,  and  a  graded  series 
of  writing-books  :  Provided,  That  the  matter  contained  in  the 
subject  of  reading  shall  consist  of  lessons  commencing  with  the 
simplest  expressions  of  English,  through  the  regular  gradations 
of  lessons  up  to  and  including  the  highest  style  of  both  poetry 
and  prose  :  Providing,  That  no  text-book  shall  be  adopted  by  this 
commission  that  does  not  equal  in  quality  of  matter,  material, 
binding  and  mechanical  execution  and  approximately  equal  in 
size,  the  following  text-books  in  general  use,  namely  :  The  spel- 
ler to  McGuffey's  new  speller,  the  readers  to  McGuffey's  readers, 
the  arithmetics  to  White's  series  of  arithmetic,  the  geographies 
to  Rand  &  McNally's  geography,  the  grammar  to  Reed  and  Kel- 
logg's  grammars,  the  histories  to  Barnes'  school  histories,  the 
physiology  to  Steel's  physiology,  the  civil  government  to  Thum- 
mel's  government  of  the  United  States  with  Kansas  addendum, 
elementary  algebra  to  Ray's  algebra,  physical  geography  to 
Rand  &  McNally's  physical  geography,  elements  of  natural 
philosophy  to  Steel's  fourteen  weeks  in  philosophy,  bookkeep- 

74  The  text-books  adopted  by  the  school  text-book  commission  must  be  used 
after  September  1,  1897,  in  every  public  school  of  the  state,  except  where  con- 
tracts have  been  entered  into  in  writing  under  the  provisions  of  the  county-uni- 
for-mity  law.  Such  contracts,  to  be  valid,  must  have  been  made  by  a  legally 
elected  county  text-book  board  at  a  regular  meeting  called  for  that  purpose,  and 
hold  only  for  the  remainder  of  the  five  years  for  which  the  contract  was  made. 
The  proposition  for  county  uniformity  of  text-books  must  have  been  voted  upon 
and  carried  in  a  majority  of  the  districts  of  a  county  before  a  text-book  board 
can  be  legally  elected. 


148  SCHOOL    LAWS    OF    KANSAS. 

ing  to  Bryant  &  Stratton's  graded  series,  mental  arithmetic 
to  Bailey's  mental  arithmetic,  and  writing  to  the  Eclectic  copy- 
books :  Provided,  That  no  text-book  shall  be  adopted  that  con- 
tains anything  of  a  partizan  or  sectarian  character. 

SEC.  399.  Bids;  How  Submitted.  [Laws  1897,  ch.  179,  sec. 
5.]  Any  person,  company,  or  corporation,  desiring  to  make 
any  bid  or  bids  upon  any  of  the  matters  provided  for  in  this  act, 
shall  submit  the  same  in  writing  together  with  an  unconditional 
certified  check  for  $1000  payable  to  the  chairman  of  the  com- 
mission, to  be  forfeited  to  the  state  if  such  party  shall  fail  to 
enter  into  proper  bond  and  make  the  required  contract  if  awarded 
to  him,  carefully  sealed  and  addressed  to  the  chairman  of  the 
school  text-book  commission,  Topeka,  Kan.,  and  said  chair- 
man shall  preserve  the  same,  unopened,  until  the  time  of  meet- 
ing of  said  commission. 

SEC.  400.  Open  Bids.  [Laws  1897,  ch.  179,  sec.  6.]  At  the 
first  meeting  of  this  commission,  it  shall  receive  and  open  all 
sealed  bids  and  propositions  on  the  following  matters  :  First, 
From  the  publisher  or  publishers  of  school  text-books  for  fur- 
nishing to  the  people  of  the  state  of  Kansas,  for  use  in  public 
schools  of  this  state  as  provided  for  in  this  act,  for  a  term  of 
five  years,  commencing  September  1,  1897,  each  bid  stating 
specifically  the  price  at  which  each  book  is  to  be  furnished,  and 
to  be  accompanied  by  a  specimen  copy  of  each  book  to  be  fur- 
nished in  such  bid.  Second,  From  any  author  or  authors  of 
school  text-books  who  have  manuscript  of  books  not  published 
for  the  price  at  which  they  will  sell  their  manuscript,  properly 
prepared  for  printer's  copy,  together  with  the  copyright  of  such 
books  for  use  in  the  public  schools  of  this  state.  Third,  From 
persons  who  are  willing  to  undertake  the  compilation  of  a  book 
or  books  or  series  of  books  provided  for  in  section  4  of  this  act,75 
the  price  at  which  they  are  willing  to  undertake  said  compila- 
tion of  any  or  all  of  such  books  to  the  satisfaction  of  said  com- 
mission :  Provided,  That  any  and  all  bids  by  publishers  herein 
provided  for  must  be  accompanied  by  a  bond  in  the  penal  sum 
of  $50,000,  with  resident  freehold  sureties  to  be  approved  by 
the  executive  council  of  this  state,  conditioned,  that  if  any  con- 
tract be  awarded  to  any  bidder  thereunder,  such  bidder  will 
enter  into  a  contract  to,  and  perform  the  conditions  of  his  bid 

75  Section  398  of  this  book. 


SCHOOL    LAWS    OF    KANSAS.  149 

to  the  acceptance  and  satisfaction  of  said  commission  :  And  pro- 
vided further,  That  no  bid  shall  be  considered  unless  the  same 
shall  be  accompanied  by  an  affidavit  of  the  bidder  that  he  is  in 
no  wise,  directly  or  indirectly,  connected  with  any  other  pub- 
lisher or  firm  who  is  now  bidding  for  books  or  manuscript  sub- 
mitted to  said  commission,  nor  has  any  pecuniary  interest  in 
any  other  publisher  or  firm  bidding  at  the  same  time,  and  that 
he  is  not  a  party  to  any  contract,  compact,  syndicate  or  other 
scheme,  in  regard  to  exchanges  of  books,  division  of  territory, 
or  discount  to  dealers,  whereby  the  benefits  of  competition  are 
denied  to  the  people  of  this  state,  and  said  commission  shall 
have  the  right  to  reject  any  and  all  bids,  and  at  their  option 
shall  have  the  right  to  reject  any  bid  as  to  part  of  such  books 
and  to  accept  the  same  as  to  the  residue  thereof.  At  the  meet- 
ing of  said  commission  provided  for  in  section  3  of  this  act,76 
said  commission  shall  open  and  examine  all  sealed  bids  or  propo- 
sitions received  pursuant  to  the  provisions  of  this  act,  and  it 
shall  further  be  the  duty  of  said  commission  to  make  a  full, 
complete,  and  thorough  investigation  of  all  such  bids,  restric- 
tions, and  propositions,  and  to  ascertain  under  which  such  prop- 
osition or  propositions  the  school  text-books  hereinbefore  pro- 
vided for  could  be  furnished  to  the  people  of  this  state  for  use 
in  the  public  schools  at  the  lowest  price,  taking  into  consider- 
ation the  size  and  quality  as  to  matter,  material,  binding  and 
mechanical  execution  of  such  books  :  Provided,  always,  That 
such  commission  shall  not,  in  any  case,  contract  with  any 
author,  publisher  or  publishers  for  the  furnishing  of  any  book, 
manuscript,  or  copyright  of  books  which  are  to  be  sold  to  the 
people  of  this  state  for  use  in  the  public  school  at  a  price  above, 
or  in  excess  of  the  following,  which  price  shall  include  all  costs 
and  charges  for  packing,  transportation  and  delivery  to  the  sev- 
eral places  hereinafter  named  in  this  state,  namely  :  For  the 
spelling-book,  10  cents  ;  for  the  first  reader,  10  cents  ;  for  the 
second  reader,  17  cents  ;  for  the  third  reader,  23  cents  ;  for  the 
fourth  reader,  30  cents  ;  for  the  fifth  reader,  40  cents  ;  for  the 
mental  arithmetic,  20  cents  ;  for  the  intermediate  arithmetic, 
25  cents  ;  for  the  complete  arithmetic,  35  cents  ;  for  the  ele- 
mentary geography,  30  cents  ;  for  the  complete  geography,  75 
cents  ;  for  the  English  grammar,  elementary,  20  cents  ;  com- 

76  Section  397  of  this  book;  see,  also,  section  423. 


150  SCHOOL    LAWS    OF    KANSAS. 

plete  grammar,  35  cents;  physiology  and  hygiene,  50  cents; 
for  history  of  the  United  States,  50  cents ;  for  elements  of  nat- 
ural philosophy,  50  cents  ;  for  civil  government,  40  cents  ;  for 
elementary  algebra,  50  cents  ;  for  physical  geography,  80  cents  ; 
for  bookkeeping,  40  cents  ;  writing-books,  5  cents  each  ;  and 
any  school-book  company,  person  or  firm,  who  shall  contract 
to  furnish  the  public  schools  of  the  state  of  Kansas,  with  school 
books  under  the  provisions  of  this  act,  shall  upon  application  of 
any  school  district  within  one  year  after  the  acceptance  of  the 
bid,  take  up  the  books  now  in  use,  and  they  shall  exchange  the 
new  books  at  not  more  than  50  per  cent,  of  the  maximum  prices 
fixed  by  the  provisions  or  this  act :  Provided,  That  any  school 
district  or  county  that  is  now  operating  under  a  contract  shall 
have  the  right  to  exchange,  on  the  same  terms,  books  for  one 
year  from  the  expiration  of  said  contract. 

SEC.  401.  Secretary.  [Laws  1897,  ch.  179,  sec.  7.]  At  the 
first  meeting  of  the  members  of  this  commission,  they  shall  se- 
lect one  of  their  number  secretary,  whose  duty  it  shall  be  to 
keep  a  correct  record  of  all  proceedings,  votes,  and  actions  of 
this  commission,  which  said  records  shall  be  deposited  in  the 
office  of  the  state  superintendent  of  public  instruction  at  all 
times  when  said  commission  is  not  in  session.  All  votes  upon 
any  proposition  submitted  to  this  commission  shall  be  yea  and 
nay,  and  recorded  on  the  journal  of  the  day's  proceedings.  No 
person,  except  members  of  this  commission,  shall  be  present  at, 
or  cognizant  of  any  proceedings  of  this  commission,  during  any 
time  that  it  is  in  session,  and  no  member  of  this  commission 
shall,  during  any  meetings  of  this  commission,  give  any  in- 
formation to  any  person  or  persons  concerning  any  business 
transacted,  or  in  course  of  transactio-n  at  any  session  of  this 
commission,  until  after  all  the  business  of  the  session  is  con- 
cluded. At  the  close  of  each  session  of  this  commission,  the 
proceedings  thereof  shall  be  published  in  pamphlet  form  for 
general  distribution  among  the  people  of  this  state. 

SEC.  402.  May  Consider  Manuscripts.  [Laws  1897,  ch.  179, 
sec.  8.]  If,  upon  the  examination  of  bids  and  propositions,  no 
publisher  or  publishers  of  school  text-books  has  bid  within  the 
provisions  of  this  act  for  furnishing  the  school  text-books  for 
use  in  the  public  schools  of  this  state,  as  provided  for  in  this 
act,  then  said  commission  is  empowered  and  is  hereby  author- 


SCHOOL    LAWS    OF    KANSAS.  151 

ized  to  procure  such  manuscript,  copyrights  and  propositions 
for  the  compilation  of  school  text-books,  as  provided  for  in  this 
act,  as  will  supply  the  schools  of  this  state,  and  advertise  for 
sealed  bids  for  publishing  the  same,  and  supplying  them  under 
the  terms  herein  prescribed  for  publishers,  and  said  contract 
may  be  let  for  the  publication  of  all  such  books,  or  for  one  or 
more  of  such  books  separately.  And  it  shall  further  be  the 
duty  of  said  commission  to  provide  in  the  contract  for  the  pub- 
lication of  any  manuscript,  for  the  payment,  by  the  publisher, 
of  the  compensation  agreed  upon  between  such  commission  and 
the  author  or  owner  of  any  such  manuscript,  for  such  manu- 
script. 

SEC.  403.  State  not  Liable.  [Laws  1897,  ch.  179,  sec.  9.] 
It  shall  be  a  part  of  the  terms  and  conditions  of  any  contract 
made  in  pursuance  of  this  act,  that  the  state  of  Kansas  shall 
not  be  liable  to  any  contractor  or  contractors  for  any  sum  of 
money  whatever,  but  that  all  such  contractors  shall  receive 
their  pay  and  compensation  solely  and  exclusively  from  the 
proceeds  of  the  sale  of  the  book  or  books  provided  for  in  this 
act. 

SEC.  404.  Proclamation.  [Laws  1897,  ch.  179,  sec.  10.]  As 
soon  as  such  commission  shall  have  entered  into  any  contract 
for  the  furnishing  of  text-books  for  use  in  the  public  schools  of 
this  state,  pursuant  to  the  provisions  of  this  act,  the  state  su- 
perintendent of  public  instruction  shall  notify  the  governor  of 
such  fact  and  it  shall  be  the  duty  of  the  governor  to  issue  his 
proclamation  announcing  such  fact  to  the  people  of  the  state, 
and  immediately  after  the  issuing  of  such  proclamation  by  the 
governor,  it  shall  be  the  duty  of  the  state  superintendent  of 
public  instruction  to  notify  the  county  superintendents  of  the 
various  counties  of  this  state,  of  the  books  agreed  upon  and  se- 
lected, together  with  the  contract  prices  thereof. 

SEC.  405.  Dealers  to  Establish  Agencies.  [Laws  1897,  ch.  179, 
sec.  11.]  Within  30  days  after  the  issuing  of  the  proclamation 
by  the  governor  of  this  state  provided  for  in  this  act,  any  per- 
son, persons,  company  or  corporation  having  contracted  for  the 
furnishing  of  school  text-books  to  the  people  of  this  state,  for 
use  in  the  public  schools  thereof,  shall  arrange  with  at  least 
one  dealer  or  agent  at  the  county-seat  in  each  county  in  this 
state  for  the  handling,  sale  and  exchange  of  the  school-books 


152  SCHOOL    LAWS    OF    KANSAS. 

provided  for  in  this  act.  Such  dealer  or  agent  shall  be  allowed 
to  charge  the  people  of  this  state  a  commission  not  exceeding 
10  per  cent,  on  the  contract  price,  established  in  [accordance 
with]  this  act  for  the  handling  and  sale  of  such  books  :  Pro- 
vided, That  any  person,  company,  or  corporation  having  a  con- 
tract under  the  provisions  of  this  act,  shall  be  required  to 
furnish  books  to  any  citizen  or  school  district  in  Kansas,  at  the 
same  price,  and  on  the  same  terms  as  provided  for  the  furnish- 
ing of  such  books  to  dealers  or  agents  in  cash  orders  of  not  less 
than  $10  each,  and  deliver  the  same  at  any  railroad  station  in 
Kansas,  mentioned  in  such  order. 

SEC.  406.  Estimates.  [Laws  1897,  ch.  179,  sec.  12.]  At  the 
annual  school  meeting  to  be  held  in  the  various  school  districts 
in  this  state  in  1897,  and  at  each  annual  meeting  thereafter, 
and  at  the  meeting  of  the  board  of  education  of  cities  of  the  first 
or  second  class,  an  estimate  shall  be  made  of  the  number  of 
school  text-books  needed  in  each  of  said  schools,  for  the  term 
next  commencing  therein,  and  the  clerk  of  each  school  district, 
and  the  clerk  of  the  board  of  education  in  each  city  of  the  first 
or  second  class  shall  report  the  same  to  the  county  superintend- 
ent of  public  instruction  immediately  and  not  later  than  the 
1st  day  of  August  next  thereafter,  and  the  county  superintendent 
of  public  instruction  shall,  as  soon  as  possible  and  not  later  than 
August  10  of  each  year,  and  oftener  if  the  necessity  of  the  schools 
require  it,  make  out  his  requisition  from  the  reports  so  received, 
and  from  other  sources,  and  send  it  to  the  school-book  publisher 
or  publishers  having  contracts  under  the  provisions  of  this  act, 
stating  therein  the  number  of  books  of  each  kind  needed  for  the 
schools  of  such  county. 

SEC.  407.  District  Ownership.  [Laws  1897,  ch.  179,  sec.  13.] 
At  any  annual  school  meeting  of  any  school  district  in  this 
state,  or  at  any  regular  election  in  cities  of  the  first  or  second 
class,  a  proposal  may  be  submitted  to  the  district  or  city  of  the 
first  or  second  class,  as  the  case  may  be,  to  purchase,  own  and 
furnish  school  text-books  as  provided  for  in  this  act  for  use  in 
the  public  schools  thereof,  free  of  charge  to  the  pupils  of  said 
school  district,  or  cities  of  the  first  or  second  class,  and  if  it 
shall  be  found  that  a  two-thirds  majority  of  the  legal  electors 
in  said  school  district  or  city  of  the  first  or  second  class  shall 
have  voted  in  favor  of  district  ownership,  then  it  shall  become 


SCHOOL    LAWS    OF    KANSAS.  153 

the  duty  of  the  school  board,  or  board  of  education  in  cities  of 
the  first  or  second  class  to  purchase,  furnish  and  supply  the 
pupils  of  the  said  district  or  city  of  the  first  or  second  class, 
under  such  provisions  and  regulations  as  may  be  prescribed  by 
the  school-district  board,  or  board  of  education  in  cities  of  the 
first  or  second  class,  such  text-books  as  may  be  found  necessary, 
as  provided  for  in  this  act,  and  for  the  purpose  of  carrying  out 
the  provisions  of  this  section,  the  school  board  and  board  of 
education  of  cities  of  the  first  or  second  class  are  hereby  em- 
powered to  pay  for  the  same  out  of  any  incidental  funds  in  their 
hands,  belonging  to  such  district  or  city. 

SEC.  408.  Violation  of  Contract.  [Laws  1897,  ch.  179,  sec.  14.] 
Upon  the  filing  of  a  written  complaint  with  the  state  superin- 
tendent of  public  instruction  by  the  county  superintendent  of 
public  instruction  of  any  county  in  this  state,  or  superintendent 
of  schools  of  any  city  of  the  first  or  second  class  charging  any 
publisher  or  publishers,  person,  company,  or  corporation  with 
violating  the  conditions  of  said  contract  as  is  provided  for  in 
this  act,  the  attorney-general  is  hereby  instructed,  and  it  shall 
be  his  duty  to  investigate  the  same,  and  if  he  finds  probable 
cause  for  action,  he  shall  immediately  begin  proceedings  in  the 
name  of  the  state  to  enforce  the  penalties  of  the  bond  or  bonds 
provided  for  in  this  act :  Provided,  That  in  all  actions  brought 
by  the  attorney-general  under  the  provisions  of  this  act,  no  se- 
curity for  costs  shall  be  required. 

SEC.  409.  Term  of  Contract.  [Laws  1897,  ch.  179,  sec.  15.] 
Every  contract  with  any  person,  company,  or  corporation,  pub- 
lisher or  publishers  of  school  text-books  for  use  in  the  schools 
of  this  state  shall  be  for  five  years  from  the  date  thereof ;  and 
no  school-district  board  or  board  of  education  of  any  city  of  the 
first  or  second  class  shall  adopt,  use,  or  permit  to  be  used  any 
other  school  text-books  than  those  provided  for  in  this  act : 
Provided,  That  nothing  herein  contained  shall  be  construed  to 
prevent  the  teachers  and  pupils  of  this  state  from  using  any 
school  text-book  other  than  those  provided  for  in  this  act  as 
reference  books  in  such  schools  :  And  provided  further,  That 
nothing  herein  contained  shall  be  construed  to  apply  to  the  use 
of  school-books  in  branches  other  than  those  mentioned  in  this 
act,  nor  shall  anything  herein  be  construed  to  apply  to  counties 
now  under  contract  for  county  uniformity  of  text-books,  until 


154  SCHOOL    LAWS    OF    KANSAS. 

said  contract  or  contracts  shall  have  expired,  or  with  school 
districts  or  cities  of  the  first  or  second  class  having  such  con- 
tract until  such  contract  shall  have  expired  according  to  the 
terms  which  have  been  agreed  to  in  writing  :  And  provided,  At 
the  expiration  of  such  contracts  such  counties,  school  districts 
and  cities  of  the  first  or  second  class  shall  thereafter  be  gov- 
erned by  the  provisions  of  this  act. 

SEC.  410.  Blanks.  [Laws  1897,  ch.  179,  sec.  16.]  It  shall  be 
the  duty  of  the  attorney-general  of  the  state  to  furnish  blank 
contracts  to  the  state  superintendent  of  public  instruction  for 
the  purpose  of  carrying  out  the  provisions  of  this  act. 

SEC.  411.  Advertise  for  Bids.  [Laws  1897,  ch.  179,  sec.  17.] 
It  shall  be  the  duty  of  the  superintendent  of  public  instruction 
of  this  state,  so  soon  as  this  law  goes  into  effect,  to  advertise  in 
the  official  state  paper,  for  at  least  four  consecutive  weeks,  for 
bids  and  proposals  as  provided  for  in  section  5  of  this  act.77 

SEC.  412.  Special  Meetings.  [Laws  1897,  ch.  179,  sec.  18.] 
Special  meetings  of  this  commission  may  be  held  at  any  time 
on  the  call  of  the  state  superintendent  of  public  instruction  : 
Provided,  That  the  first  session  of  this  commission  shall  not 
continue  longer  than  ten  days,  and  no  special  session  any  longer 
than  four  days. 

SEC.  413.  Vacancy.  [Laws  1897,  ch.  179,  sec.  19.]  If  any 
member  of  this  commission  should  die,  or  resign,  or  become  in 
any  way  incapacitated  for  serving  on  such  commission,  the 
vacancy  thereby  created  shall  be  filled  by  appointment  made  by 
the  governor  of  the  state  :  Provided,  That  such  vacancy  always 
shall  be  filled  from  the  same  political  party  to  which  the  person 
so  removed  belonged. 

SEC.  414.  Oath.  [Laws  1897,  ch.  179,  sec.  20.]  No  member 
of  this  commission  shall  enter  upon  the  discharge  of  his  duties, 
until  he  has  taken  and  subscribed  to  an  oath  to  support  the  con- 
stitution of  the  United  States,  the  constitution  of  the  state  of 
Kansas,  and  honestly  and  faithfully  fulfil  and  discharge  the 
duties  of  his  office  according  to  law. 

SEC.  415.  Penalties.  [Laws  1897,  ch.  179,  sec.  21.]  Any 
person,  or  persons,  who  shall  directly  or  indirectly  demand  or 
receive  any  money,  promise,  or  any  other  thing  of  value  for  any 

77  Section  399  of  this  book. 


SCHOOL    LAWS    OP    KANSAS.  155 

book  or  books  provided  for  in  this  act,  in  excess  of  the  contract 
price,  together  with  10  per  cent,  herein  provided  for  for  dealers 
or  agents,  and  any  member  of  any  such  district  board,  or  any 
member  of  any  school  board  in  any  city  of  the  first  or  second 
class,  or  any  teacher  of  any  school  who  shall  adopt,  use,  or  per- 
mit to  be  used,  or  cause  to  be  used  in  any  public  school  of  this 
state,  any  other  text-book  or  books  than  those  provided  for  in 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  in  any  court  of  competent  jurisdiction  shall  be  fined 
in  any  sum  not  less  than  f  25  nor  more  than  $100,  or  by  imprison- 
ment in  the  county  jail  not  to  exceed  90  days  or  by  both  such 
fine  and  imprisonment :  Provided,  That  in  estimating  the  price 
at  which  the  dealers  or  agents  may  sell  books  under  the  provi- 
sions of  this  act,  the  total  amount  of  each  sale  shall  not  vary  to 
exceed  one-half  of  one  cent  above  the  contract  price,  plus  10 
per  cent,  provided  for  herein. 

SEC.  416.  Commission;  Penalty  for  Violation.  [Laws  1897, 
ch.  179,  sec.  22.]  Any  member  of  the  commission  herein  estab- 
lished violating  any  of  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  shall  be  fined  in  any 
sum  not  less  than  $100  nor  more  than  $500,  and  be  imprisoned 
in  the  county  jail  for  a  term  not  less  than  one  year,  and  upon 
conviction  shall  forfeit  his  office. 

SEC.  417.  Appropriation.  [Laws  1897,  ch.  179,  sec.  23.] 
For  the  purpose  of  paying  mileage  and  per  diem  to  the  mem- 
bers of  this  commission,  printer's  fees,  postage  and  expense  of 
meetings,  there  is  hereby  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated  the  sum  of  $2500,  or  so 
much  thereof  as  shall  be  necessary  to  carry  out  the  provisions 
of  this  act.  The  auditor  of  state  is  hereby  authorized  to  draw 
his  warrant  on  the  state  treasurer  for  the  amount  of  per  diem 
and  compensation  due  to  each  member  of  said  commission  or  to 
parties  performing  services  under  the  provisions  of  this  act : 
And  provided  further,  And  the  sum  of  $10,000,  or  so  much 
thereof  as  may  be  needed  is  appropriated  out  of  any  money  in 
the  state  treasury,  not  otherwise  appropriated,  to  buy  manu- 
script under  the  provisions  of  this  act,  should  it  become  neces- 
sary for  the  purchase  of  such  manuscript  as  provided  in  this 
act,  and  the  state  treasurer  is  thereupon  directed  to  pay  such 
warrant :  Provided,  Such  accounts  be  verified  as  provided  in 


156  SCHOOL    LAWS    OF    KANSAS. 

other  cases  and  approved  by  the  state  superintendent  of  public 
instruction. 

SEC.  418.  Additional  Texts.  [Laws  1899,  ch.  176,  sec.  l.J  The 
school  text-book  commission  provided  for  in  chapter  179,  Laws 
of  1897,  shall  be  authorized  and  empowered,  and  is  hereby  made 
their  duty,  to  adopt  uniform  school  text-books  for  use  in  the  pub- 
lic schools  of  the  state  of  Kansas  in  the  following  branches,  to 
wit :  A  primer,  a  primary  reading  chart,  and  a  graded  series  of 
drawing-books  or  drawing  portfolios,  geometry  (the  work  to  in- 
clude both  plane  and  solid  geometry) ,  Latin  grammar,  Latin 
exercises,  Caesar,  Cicero,  Virgil,  general  history,  history  of 
Kansas,  English  history,  rhetoric,  English  literature,  botany, 
zoology,  chemistry,  word  analysis,  geology,  German  exercises, 
German  grammar,  and  descriptive  astronomy  :  Provided,  hou- 
ever,  That  no  books  shall  be  adopted  by  this  commission  that 
do  not  equal  in  subject-matter,  material,  binding,  and  mechan- 
ical execution,  and  approximately  equal  in  size,  the  following 
books,  viz.  :  The  primer,  to  Werner's  primer,  and  to  contain  not 
less  than  96  pages,  including  colored  illustrations  and  number 
lessons  ;  the  drawing-books  or  drawing  portfolios,  to  Walters's 
industrial  drawing ;  reading  chart,  to  Wooster's  primary  read- 
ing chart ;  the  geometry  (the  work  to  include  both  plane  and. 
solid  geometry) ,  to  Phillips  and  Fisher's  elements  of  geometry 
(abridged)  ;  the  Latin  grammar,  to  Harkness's  Latin  gram- 
mar ;  the  Latin  exercises,  to  Collar  and  Daniels's  first  Latin 
book  ;  the  Caesar,  to  Harkness's  Caesar ;  the  Cicero,  to  Allen 
and  Greenough's  Cicero;  the  Virgil,  to  Harper  and  Miller's 
Virgil's  JEneid  ;  the  general  history,  to  Myers's  general  history  ; 
the  English  history,  to  Montgomery's  English  history ;  the 
rhetoric,  to  Genung's  elements  of  rhetoric  ;  English  literature, 
to  Shaw's  outline  to  English  and  American  literature ;  the 
botany,  to  Bergen's  elements  of  botany  ;  zoology,  to  Packard's 
elements  of  zoology  ;  chemistry,  to  Shepard's  inorganic  chem- 
istry ;  geology,  to  Dana's  text-book  of  geology  (  Rice)  ;  word 
analysis,  to  Swinton's  word  analysis ;  German  exercises,  to 
Collar-Eysenbach's  German  lessons ;  German  grammar,  to  Ot- 
to's German  conversation  grammar;  descriptive  astronomy,  to 
Todd's  astronomy. 

SEC.  419.     Prices.    [Laws  1899,  ch.  176,  sec.  2.]      Said  com- 
mission shall  in  no  case  contract  with  any  author,  publisher  or 


SCHOOL    LAWS    OF    KANSAS.  157 

publishers  for  the  furnishing  of  any  book  or  books,  manuscript 
or  copyright  of  book  or  books,  which  are  to  be  sold  to  the  peo- 
ple of  this  state  for  use  in  the  public  schools  at  a  price  above 
or  in  excess  of  the  following,  which  price  shall  include  all  cost 
and  charges  of  packing,  transportation  and  delivering  of  books 
to  the  retail  dealers  and  purchasers  in  the  state  of  Kansas  : 
For  the  primer,  12  cents  ;  for  the  drawing-books  or  portfolios, 
10  cents;  for  the  geometry,  80  cents;  for  the  Latin  grammar, 
75  cents  ;  for  the  Latin  exercises,  60  cents  ;  for  the  Csesar,  75 
cents  ;  for  the  Cicero,  75  cents  ;  for  the  Virgil,  75  cents ;  for 
the  general  history,  90  cents  ;.  for  the  English  history,  75  cents  ; 
history  of  Kansas,  consisting  of  at  least  300  pages,  at  a  cost 
not  to  exceed  60  cents;  for  the  rhetoric,  75  cents;  for  the 
astronomy,  70  cents ;  for  the  German  exercises,  70  cents  ;  for 
the  German  grammar,  80  cents ;  for  the  English  literature,  75 
cents ;  for  the  botany,  75  cents  ;  for  the  zoology,  80  cents  ;  for 
the  chemistry,  75  cents  ;  for  the  geology,  80  cents  ;  for  the 
word  analysis,  20  cents  :  Provided,  however,  That  retail  dealers 
shall  be  entitled  to  add  ten  per  cent,  to  the  above-stated  prices 
as  profit  for  handling  and  sale  of  the  books  adopted  by  the  com- 
mission in  compliance  with  the  provisions  of  this  act. 

SEC.  420.  Advertising  for  Bids.  [Laws  1899,  ch.  176,  sec.  3.] 
The  method  of  advertising  for  bids,  of  receiving  bids,  the  re- 
quirements of  bidders,  the  opening  of  bids,  the  awarding  and 
duration  of  contracts,  the  filing  and  approval  of  bonds  on  the 
part  of  any  person,  persons,  firm  or  corporation  who  may  de- 
sire to  bid  or  to  whom  a  contract  is  awarded  under  this  act,  the 
delivering  of  books  to  dealers  or  purchasers  and  the  commission 
for  dealers  shall  be  the  same  as  is  provided  in  chapter  179,  Laws 
of  1897. 

SEC.  421.  Maps,  Globes,  Charts,  and  other  Apparatus.  [Laws 
1899,  ch.  176,  sec.  4.]  It  shall  be  unlawful  for  any  school- 
district  board  or  board  of  education  of  any  city  of  the  first  or 
second  class  to  purchase  or  contract  for  any  chart,  map,  globe, 
or  other  school  apparatus,  except  scientific  apparatus  for  high 
schools,  unless  the  same  shall  have  been  submitted  to  the  school 
text-book  commission  at  a  regular  or  special  session,  and  by 
them  approved,  and  a  maximum  price  therefor  fixed  by  said 
school  text-book  commission. 


158  SCHOOL    LAWS    OF    KANSAS. 

SEC.  422.  Penalties.  [Laws  1899,  ch.  176,  sec.  5.]  The  pun- 
ishment for  the  violation  of  the  provisions  of  this  act,  or  of  any 
contract  in  pursuance  thereof,  or  for  the  use  of  any  book  in  the 
schools  not  provided  for  by  the  commission  in  pursuance  of  this 
act,  whether  on  the  part  of  the  commission  or  any  member 
thereof,  or  any  school  board  or  board  of  education  or  member 
thereof,  or  of  any  teacher,  shall  be  the  same  as  prescribed  in 
chapter  179,  Laws  of  1897  :  Provided,  That  nothing  in  this  act 
shall  be  construed  to  apply  to  any  book  used  as  a  book  of 
reference. 

SEC.  423.  Meetings.  [Laws  1899,  ch.  176,  sec.  6.]  The  school 
text-book  commission  shall  meet  in  regular  session  on  the  first 
Monday  in  May,  1899,  said  session  to  continue  not  longer  than 
ten  days,  and  special  meetings  may  be  held  as  provided  in  chap- 
ter 179  of  the  Session  Laws  of  1897,  of  which  this  act  is  sup- 
plemental. 


SCHOOL    LAWS    OF    KANSAS. 


159 


ARTICLE   XXVI. 

REFORM  SCHOOL  PUPILS. 


§424.   Indentured  pupils ;  county  superintend- 
ent. 
425.   Pupils  not  properly  provided  for. 


§426.   County  superintendent  seek  out  persons 
willing  to  receive  indentured  pupils. 


SECTION  424.  County  Superintendent  Shall  Visit.  [6525.]  The 
superintendents  of  public  instruction  in  the  several  counties  of 
the  state  are  hereby  designated  as  visiting  agents,  to  have  local 
supervision  over  indentured  pupils  of  the  reform  school.  It 
shall  be  the  duty  of  each  visiting  agent  to  visit  as  often  as  twice 
each  year  all  pupils  of  the  reform  school  who  may  have  been 
indentured  to  persons  residing  within  his  county.  He  shall  in- 
quire into  the  condition  of  such  pupils,  and  make  such  other 
investigation,  in  relation  thereto  as  the  board  of  trustees  may 
prescribe  ;  and,  for  the  purpose  aforesaid,  said  agents  may  have 
private  interviews  with  such  pupils  at  any  time,  and  shall  have 
power  to  administer  oaths.  (Laws  1881,  ch.  129,  sec.  13.) 

SEC.  425.  Pupils  not  Properly  Provided  for.  [6526.]  When 
any  visiting  agent  is  of  the  opinion  that  an  indentured  pupil 
is  not  properly  provided  for,  and  cannot  be  so  held  to  his  further 
advantage,  he  shall  report  the  fact  to  the  board  of  trustees  ;  and 
no  pupil  shall  be  indentured  to  any  person  until  notice  of  an 
application  therefor  has  been  given  to  said  agent,  and  his  re- 
port in  writing,  made  after  investigation  into  the  propriety 
thereof,  is  filed  with  the  institution.  (Laws  1881,  ch.  129, 
sec.  14.) 

SEC  .  426.  Seek  out  Persons  to  Receive  Indentured  Pupils.  [6527 .] 
Said  agent  shall  seek  out  suitable  persons  who  are  willing  to 
receive  pupils  from  the  reform  school  under  articles  of  inden- 
ture, and  give  notice  thereof  to  the  president  of  the  board  of 
trustees,  which  notice  shall  contain  the  agent's  recommenda- 
tion of  the  applicant  as  a  proper  person  to  receive  and  have  the 
care  of  any  such  pupil.  (Laws  1881,  ch.  129,  sec.  15.) 


160  SCHOOL    LAWS    OF    KANSAS. 


ARTICLE  XXVII. 

BONDS  AND  WARRANTS,  LOST  AND  DESTROYED. 

SECTION  427.  [496.]  Whenever  any  bond  or  warrant  of  the 
state  or  territory  of  Kansas,  or  any  county,  city,  township,  or 
school  district  shall  become  so  far  mutilated  as  to  become  unfit 
for  circulation,  or  shall  be  lost  or  destroyed,  a  duplicate  thereof 
may  be  issued  by  the  officer  authorized  by  law  to  issue  such 
bonds  or  warrants,  under  the  regulations  and  restrictions  here- 
inafter prescribed. 

SEC.  428.  [498.]  On  the  delivery  to  the  proper  officer  of 
any  mutilated  bond  or  warrant,  a  duplicate  of  such  bond  or  war- 
rant shall  be  issued  as  herein  provided. 

SEC.  429.  [499.]  A  duplicate  for  a  lost  or  destroyed  bond  or 
warrant  shall  not  issue  until  there  shall  have  been  filed  with  the 
proper  officer  an  affidavit  of  some  person  knowing  the  facts,  set- 
ting forth  the  ownership  of  such  bond,  the  description  thereof, 
the  number  of  coupons  thereto  attached,  and  the  manner  of  its 
loss  or  destruction,  and  until  there  shall  have  been  executed 
and  filed  with  the  same  officer  an  indemnifying  bond,  with  se- 
curities to  be  approved  by  such  officer,  in  a  sum  equal  to  double 
the  amount  of  such  warrant  or  bond  and  the  coupons  attached, 
conditioned  that  the  parties  thereto  shall  pay  all  damages  which 
the  state,  county,  city,  township  or  school  district,  as  the  case 
may  be,  may  sustain  if  compelled  to  pay  such  lost  or  destroyed 
bonds  or  coupons. 

SEC.  430.  [497.]  Such  duplicate  shall  correspond,  in  num- 
ber, date,  amount  and  coupons  with  the  original  bond  or  war- 
rant, and  shall  have  indorsed  on  its  face,  and  on  the  face  of 
each  coupon,  by  the  officer  issuing  the  same,  the  word  "  Dupli- 
cate, "  together  with  the  date  of  its  issuance. 

SEC.  431.  [500.]  Any  officer  issuing  duplicates  under  this 
act  shall  keep  a  record  showing  the  numbers,  dates  and  amounts 
of  such  mutilated,  lost  or  destroyed  bonds  or  warrants,  and  the 
number  of  coupons  thereto  attached,  together  with  the  date  of 
issuance  of  the  duplicate  therefor,  and  the  names  of  the  persons 
to  whom  issued. 


INDEX. 


A. 

Accounts  of  district  officers  examined  by  county  superintendent 10*  16 

Act  of  admission  —  grant  of  lands  for  educational  purposes 3  3 

Agricultural  college : 

graduates  entitled  to  credits  for  state  certificates (  65  174 

' '  (   67  183 

loan  commissioner 102  278 

president,  member  of  state  board  of  education 63  169 

Alcoholic  stimulants,  effects  of : 

pupils  shall  be  instructed  in 71  194 

teachers  examined  in 71  194 

Annual  meeting : 

graded  school  district 32  75 

notice  of 25  53 

school  district 25  53 

Annual  report : 

clerk  of  joint  district. 36  85 

county  superintendent  to  state  superintendent 13  19 

district  clerk  to  county  superintendent. . .                                                                . . .  {  5  8 

(        Ol  Ot7 

trustees  of  county  high  school 57  149 

Annual  school  fund : 

apportionment.    ( See  Apportionment.) 

cities  entitled  to  proportional  share 32  73 

composed,  how 3  3 

districts  not  to  receive j   j|  17 

insurance  companies  contribute  to 120  329 

report  of,  by  state  treasurer  to  state  superintendent 119  325 

state  treasurer  to  pay  to  county  treasurer 119  326 

state  treasurer  receive  and  hold 119  324 

Appeals : 

decision  of  county  superintendent  dividing  property 30  65 

decision  of  county  superintendent  forming  or  altering  district 16  27 

decision  of  probate  court  in  sale  of  school  land 133  359 

suspended  pupil,  to  county  superintendent 43  106 

to  state  superintendent,  in  case  of  joint  district 23  50 

Appendages  to  schoolhouse  provided  by  district  board 42  105 

Appointments : 

assistant  state  superintendent  of  public  instruction 5  3 

clerk  school-fund  commissioners 5  3 

deputy  county  superintendent 18  34 

librarian,  by  district  board 40  99 

trustees  county  high  school 54  136 

vacancy  in  district  board 14  21 

vacancy  in  office  of  county  superintendent 15  22 

Apportioameat  of  school  funds : 

cities  shall  receive 32  73 

county  superintendent 12  17 

graded  school  district 32  70 

state  superintendent 6  4 

Appraisement : 

sehoolhouse 28  61 

sefcoolhotrse  site 28  62 

soboolland 129  353 

—11  (161) 


162  INDEX. 

Appraisers :  Pg.  Sec. 

compensation  for  appraising  school  land 140  377 

schoolhouse  site 28  62 

school  land,  appointed  by  county  commissioners 129  353 

school  land,  cannot  purchase 139  373 

Approval  of  college  course  of  study 64  171 

Approved  colleges : 

credit  may  be  refused,  when 65  177 

examinations  shall  be  held  at 65  176 

other  institutions  entitled  to  credit,  when 65  174 

Assessors  furnished  map  of  districts  by  county  superintendent 18  33 

Assistant  state  superintendent  of  public  instruction : 

appointment 3 

duties 5  3 

oath 5  3 

state  superintendent  responsible  for  acts  of 5  3 

Attached  territory,  city  of  second  class: 

detachment  by  county  superintendent 89  237 

taxation  of 89  236 

Attendance  at  school,  compulsory 48  119 

Attorney-general : 

advise  state  superintendent 6  6 

collect  money  due  the  state 115  307 

member  board  of  school-fund  commissioners |  jjl  |  296 

prepare  form  of  certificate  of  purchase  of  school  land 134  362 

prosecute  county  clerk  for  failure  to  report 143  389 

Auditor  of  state : 

abstracts  of  school  land  transmitted  to,  by  county  clerk 136  366 

cancelation  of  bonds  and  coupons 117  318 

charge  purchase-money  of  school  land  to  county  treasurer 136  367 

funding  bonds  stamped  by 118  322 

indorsement  of  bonds 117  316 

register  bonds  belonging  to  permanent  school  fund 117  314 

register  bonds  purchased  by  school-fund  commissioners 117  315 

register  compared  with  bonds  in  treasurer's  hands 118  319 

report  of  failure  of  county  clerk 143  389 

report  of  school  lands 141  379 

B. 

Bible  may  be  read  in  sehools j   94  256 

Biennial  report  of  state  superintendent 8  11 

Blanks  for  common  schools : 

distribution  by  county  superintendent 7 

forwarded  to  county  superintendent 7 

published  by  state  superintendent 7  7 

Board  of  education,  cities  of  first  class : 

bonds,  levy  for 81  222 

bonds,  treasurer  shall  pay 83  225 

clerk 75  203 

compensation 76  206 

composed,  how 72  196 

election 72  196 

examining  committee  appointed  by 76  207 

expenditures 79  216 

meetings 79  214 

officers 74  198 

organization 74  200 

powers  and  duties 74  199 

president 75  201 

report,  annual 79  215 

rules  and  regulations 74  198 

superintendent  of  schools  elected  by 74  200 

treasurer 76  205 

vacancy,  how  filled 73  197 

vice-president 75  202 


INDEX.  163 

Board  of  education,  cities  of  second  class :  pg.  Sec. 

children  under  seven  years  may  be  excluded  from  school,  when 87  234 

clerk,  bond 91  243 

election 90  241 

eligibility 90  241 

meetings 93  253 

oath  taken  by  each  member 95  265 

officers,  election... 90  243 

organization 91  244 

president 91  245 

report,  annual 93  254 

rules  and  regulations 90  243 

shall  be  corporation 89  238 

tax  levy 92  251 

territory  attached,  pledged  to  payment  of  bonds 95  263 

vacancy  in,  filled  by  board 90  242 

vacancy  in,  filled  by  election,  when 90  242 

Board  of  education,  state.     ( See  State  Board  of  Education.) 
Bond,  official: 

clerk  board  of  education,  cities  of  first  class 75  204 

clerk  board  of  education,  cities  of  second  class 91  248 

county  superintendent  public  instruction 10  15 

state  superintendent  public  instruction 5  1 

treasurer  board  of  education,  cities  of  first  class 76  205 

treasurer  board  of  education,  cities  of  second  class 91  249 

Bonds,  school: 

canceled  by  auditor  of  state 117  318 

cities  of  the  first  class  — 

execution  of 82  223 

interest  and  sinking-fund,  levy  for 81  222 

issued  for  what  purposes 80  219 

issued,  how 81  221 

limitations 80  220 

proclamation  of  the  mayor  calling  election 80  220 

refunding 83  228 

registry  by  board  of  education 84  229 

cities  of  the  second  class  — 

execution 91  259 

interest  limited  to  10  per  cent 94  257 

issued  for  what  purposes 94  257 

issued,  when 94  257 

registry 95  264 

consolidated 116  312 

funding,  may  be  purchased 118  321 

limitation  of  issue- 
cities  of  first  class 80  220 

city,  school  district,  and  board  of  education 106  281 

county  and  township 106  28T 

school  district 98  269* 

offer  to  school-fund  commissioners  compulsory 102  278. 

payable  at  state  treasury 103  280» 

payment  before  maturity 103  279 

record  kept  of  offers  to  school-fund  commissioners 113  299 

refunding.    ( See  Refunding  Bonds.) 
school  district  — 

denominations 99  271 

interest 99  271 

interest  and  sinking-fund,  levy  for 100  273 

issued  for  what  purposes 98  269 

paid,  shall  be  canceled  and  destroyed 102  275 

penalty  for  wrongful  issue 101  274 

registration 100  272 

Boundaries,  of  school  districts: 

changing,  by  county  superintendent 16  26 

description  furnished  county  clerk  by  county  superintendent 12  18 

map  of ,  furnished  assessors  by  county  superentendent 18  33 


164  INDEX. 

Pg.  Sec. 

Bonus,  penalty  for  receiving  from  publisher 145  394 

Building : 

cities  of  first  class,  bonds  voted  for 80  219 

cities  of  second  class,  bonds  voted  for 94  257 

county  high  school 55  142 

school  district,  bonds  voted  for 98  269 

Canceled:  C- 

bonds  and  coupons  shall  be,  by  state  treasurer 104  283 

bonds  in  cities  of  the  first  class 82  224 

certificates  may  be 66  180 

district  bonds,  when  paid 102  275 

Challenge  of  voter  at  district  meeting 26  57 

Change  of  site 28  60 

Children : 

attandence  at  school  compulsory 48  119 

under  seven  years  may  be  excluded,  when 87  234 

Cities: 

district  annexed  to 29  63 

first  class,  constitute  a  school  district 79  211 

first  class,  schools  in.    (See  Cities  of  the  First  Class.) 

receive  proportion  of  school  fund 32  73 

second  class,  schools  in.    (See  Cities  of  the  Second  Class.) 

Certificates : 

cancelation 66  180 

candidates  for,  recorded  by  county  superintendent 10  16 

cities  of  first  class 76  207 

cities  of  second  class 92  250 

county,  grades  of 69  189 

county,  issued  only  upon  examination 70  192a 

first  grade,  to  whom  issued 69  190 

force,  where 70  183 

life,  shall  be  void,  when 66  179 

normal  institute 60  161 

•normal-school  diploma  shall  be 71  194o 

•other  states,  recognized 66  178 

renewal 66  179 

revocation 70  193 

state : |  65  173 

second  grade,  to  whom  issued 69  191 

second  grade,  given  graduate  normal  course,  county  high  school 57  148 

temporary 70  192 

Cities  of  first  class : 

board  of  education.     (See  Board  of  Education,  Cities  of  First  Class.) 

defined 72  195 

superintendent.    (See  Superintendent  of  Schools.) 

teachers 76  207 

Cities  of  second  class : 

adjacent  territory 88  235 

board  of  education.    ( See  Board  of  Education,  Cities  of  Second  Class.) 

defined 87  233 

superintendent.     (  See  Superintendent  of  Schools.) 

teachers 92  250 

Cities  of  third  class : 

defined 97  267 

shall  be  one  district 97  268 

Clerk: 

board  of  education.     ( See  Clerk  Board  of  Education.) 
county.     (  See  County  Clerk.) 

graded-school  district 32  71 

school  district.    ( See  District  Clerk.) 

school-fund  commissioners,  appointment  and  duties 5  3 

Clerk  board  of  education,  cities  of  the  first  class : 

bond • 75  204 

compensation 75  203 


INDEX.  165 

Clerk  board  of  education,  cities  of  the  first  class— Concluded:  Pg.    Sec. 

duties 75       203 

member  of  board  ineligible 74       200 

oath 75       204 

register  refunding  bonds 106       288 

Clerk  board  of  education,  cities  of  second  class: 

bond 91       248 

compensation 91       244 

duties 91       247 

election. 91       244 

register  refunding  bonds 105       288 

Colleges : 

course  of  study  approved,  when i 64       171 

graduates  entitled  to  credits 64       171 

Commissioners: 

county.     ( See  County  Commissioners.) 

school  fund.     (  See  School-Fund  Commissioners.) 

Common-school  fund : 

annual.     ( See  Annual  School  Fund.) 

commissioners.     (  See  School-Fund  Commissioners.) 

perpetual.     ( See  Permanent  School  Fund.) 

religious  sect  shall  not  control 3          8 

Complaints : 

duty  of  county  attorney  regarding 143       386 

trespass  on  school  land 1 143       3^5 

Compulsory  attendance  at  school: 

children  shall  attend  twelve  weeks 48       119 

director  shall  enforce  attendance 48       119 

penalty  for  violation  of  the  law 49       121 

Conductor,  normal  institute ,. 60       161 

Consolidation  of  certain  bonds 116       312 

Constitution,  educational  provisions  of 1 

Contagious  diseases,  children  infected  not  to  attend 46       114 

Contract,  teacher's,  shall  be  written 42       103 

Copies  of  papers : 

certified  by  state  superintendent 7         10 

value  as  evidence 7         10 

Corporation : 

schools,  city  of  second  class,  shall  be 89       238 

school  district  shall  be 22         49 

County  attorney  prosecute  complaints  of  trespass  on  school  land 143       386 

County  board  of  examiners : 

chairman,  county  superintendent  shall  be 67       185 

compensation 67       185 

composed,  how 67       185 

examinations 68 

qualifications 67       185 

quorum 68       186 

County  clerk : 

abstract  of  school  land  transmitted  to  auditor  by 136       366 

certify  to  county  superintendent  valuation  of  each  district 10         16 

description  of  school-district  boundaries  furnished  to,  by  county  superintendent,  12         18 

issue  certificate  of  purchase  of  school  land 134       352 

notify  commissioners  of  vacancy  in  office  of  county  superintendent 15         22 

prosecution  for  failure  to  report 143 

register  refunding  bonds J 

register  school-district  bonds 10° 

report  of  sales  of  school  lands ;  penalty 1 

report  to  state  auditor 142       380 

tax  levy  certified  to,  by  district  clerk 44       108 

taxpayers  certified  to,  by  district  clerk 36         87 

County  commissioners : 
appeal  to  — 

division  of  property  by  county  superintendent 30 

formation  of  and  changing  of  districts 16 

appointment  of  county  board  of  examiners • 67       185 


166  INDEX. 

County  commissioners— Concluded:  Pg.  Sec. 

appointment  of  county  superintendent  to  fill  vacancy  15  22 

appointment  of  high-school  trustees 54  136 

appointment  of  high-school  trustees  to  fill  vacancy 58  150 

may  provide  for  county  high  school 58  152 

may  employ  teachers  for  county  high  school  58  155 

tax  levy  on  depopulated  school  district 17  29 

tax  levy  for  interest  and  sinking-fund,  school-district  bonds 100  273 

tax  levy  for  schools  where  district  fails  to  levy 46  117 

County  examinations : 

public 68  186 

uniform 68  187 

County  high  schools : 

admission  of  pupils 56  145 

building 55  142 

courses  of  instruction , 56  144 

election 53  135 

establishment 53  134 

graduates,  privileges  of 57  148 

non-resident  pupils 57  146 

rules  and  regulations 57  147 

tax  levy 54  139 

treasurer 54  138 

trustees 54  136 

in  counties  having  less  than  2,500  inhabitants  — 

authorized  to  establish 58  152 

board  of  county  commissioners,  duty 58  155 

course  of  study 58  153 

established  by  petition  or  election 59  157 

graduates  admitted  to  state  institutions 58  154 

free 58  156 

County  school  fund : 

apportionment 12  17 

composed,  how 2  6 

county  treasurer  shall  collect 121  330 

penalty  for  wrongful  use  of 121 

unclaimed  moneys  applied  to  122  336 

County  superintendent  of  public  instruction : 

abstract  of  orders  transmitted  to  auditor 141  378 

administer  oaths  in  certain  cases 15 

annual  report  to  state  superintendent 13  19 

appeals  to,  by  suspended  pupil 43  106 

appointment  to  fill  vacancy  in  district  board 14 

apportionment  of  school  funds 12 

chairman  county  board  of  examiners 67  185 

change  district  boundaries • 12 

compensation • 14  20 

consolidation  of  districts •  •  • 21  46 

conveyance  of  pupils 21  47 

deputy  may  be  appointed  by,  when 18 

detach  territory  from  city • 89  237 

disorganization  of  depopulated  school  district 17 

duty  of,  where  district  is  annexed  to  city 29 

enforce  law  where  clerk  fails  to  report  tax  levy 37 

examine  clerk's  reports I5  23 

form  districts I6 

furnish  description  of  district  boundaries  to  county  clerk 12  18 

furnish  map  of  districts  to  assessors 18  33 

general  duties 

indorse  first-grade  certificate  from  other  county 70  193 

joint  district,  jurisdiction  over 23 

levy  tax  and  provide  school,  when ]    47  ug 

neglect  duty,  penalty  for 18  35 

oath  and  bond 10  M 


INDEX.  167 

CSounty  superintendent  of  public  instruction — Concluded: 

partially  depopulated  districts :  pgt  Sec. 

county  superintendent  empowered  to  disorganize 18  36 

defined 19  37 

disorganized  only  on  petition 19  j  g 

territory  of  partially  depopulated  districts 19  39 

bonded  indebtedness.. 19  40 

floating  indebtedness ." 20  41 

orders  paid  by  county  treasurer 20  42 

disposition  of  funds 20  43 

disposition  of  property 20  44 

territory  of  disorganized  district  not  liable 21  45 

president  trustees  county  high  school 54  I3g 

prosecution  for  failure  to  provide  school 47  ng 

purchase  records  for  school  districts 15  25 

qualifications 9  12 

report  of  institute  fund 61  164 

records  kept  by 11  16 

report  to  district  clerks 11  16 

report  to  state  superintendent . . .  \  } 

(  io  iy 

school  land  shall  not  be  purchased  by 139  373 

sign  order  on  depopulated  school  district 17  30 

term 9  13 

vacancy  in  office  of,  filled  by  county  commissioners . . .  \     5 

(  y  14 

County  treasurer : 

annual  school  fund  paid  to,  by  state  treasurer 120  •     327 

annual  school  fund  paid  to  district  treasurer  by 120  328 

custodian  of  institute  fund j  JJ  }J| 

levy  tax  for  refunding  bonds,  when 108  291 

make  financial  statement  to  district  clerk 36  84 

pay  no  money  to  district  treasurer  between  June  30  and  annual  meeting 36  84a 

pay  warrants  of  county  superintendent  for  purchase  of  records 15  25 

purchase-money  of  school  land  charged  to,  by  auditor 136  367 

purchase-money  of  school  lands  turned  over  to  state  treasurer 136  368 

Coupons,  interest  : 

canceled  by  auditor  of  state 117  318 

destroyed  when  paid j  *g|  224 

notice  of  maturity  of,  sent  by  state  treasurer 104  281 

receivable  for  taxes Ill  295 

sinking-fund  may  be  included  in —  109  292 

treasurer  shall  pay  promptly  when  due 95  262 

Courses  of  instruction,  county  high  school 56  144 

Cruelty  of  teacher  ground  for  dismissal. 42  103 

D. 

Damages,  county  superintendent  shall  pay,  for  neglect '.  —  18  35 

Deficiency,  board  of  education  city  of  first  class  shall  not  create 80  219 

Depopulated  school  district : 

disorganization  by  county  superintendent 17  31 

tax  levy  to  pay  indebtedness 17  29 

when  considered  depopulated 18  32 

Deputy  county  superintendent 18  34 

Destruction  of  bonds  and  coupons  when  paid : 

cities  of  first  class 82  224 

district 102  275 

refunding 11°  293 

Destruction  of  property,  penalty  for 4 

Director,  school  district : 

compel  attendance  at  school 49  121 

countersign  orders  on  county  treasurer 38  95 

duties 34  79 

election S3  76 


168  INDEX. 

Diploma :  Pg.  Sec. 

state  life,  issued  by  state  board  of  education 63  169 

state  normal  school,  shall  be  certificate  to  teach 71  19<k» 

Disease,  contagious,  child  affected  with,  shall  not  attend  school 46  114 

Disorganization  of  depopulated  school  district j   jg  |g 

District  board : 

allow  use  of  schoolhouse  by  societies,  etc 40  100 

appendages  for  schoolhouse  provided  for 42  105 

appoint  librarian 40  99 

care  for  schoolhouse 40  100 

clerk  of  the  board 35  81 

dismiss  teacher,  in  conjunction  with  county  superintendent 42  103 

hire  qualified  teachers 42  103 

meetings 35  81 

non-resident  pupils  admitted  by 41  102 

penalty  for  refusing  child  admittance  to  school 45  113 

school  duties 43  107 

special  district  meeting  called  by 25  53 

District  clerk : 

annual  report .• 35  83 

clerk  of  the  board 35  81 

draw  orders  on  the  treasurer 35  82 

election 33  76 

joint  district  report  children  to  both  county  superintendents 36  85 

penalty  for  failure  to  report  tax  levy 37  88 

penalty  for  false  report 36  86 

register  refunding  bonds 106  288 

report  commencement  of  school  term 37  89 

report  indebtedness  of  district. 37  90 

report  names  of  district  officers  to  county  superintendent 37  89 

report  tax  levy  to  county  clerk 44  108 

report  taxpayers  to  county  clerk 36  87 

shall  keep  record 34  80 

District  meetings : 

annual 25  53 

first,  notice  of 17  28 

length  of  school  term  may  be  fixed  by 27  59 

notice  of 26  55 

powers  of 27  58 

qualified  voters  at 26  56 

sex  of  teacher  employed  may  be  decided  by 27  59 

special 25  j  g 

District  officers : 

forfeiture  of  office 34  78 

names  of,  reported  by  clerk  to  county  superintendent 37  89 

oath  of  office 34  77 

penalty  for  refusing  child  admittance  to  school 45  113 

term  of  office 33  76 

Districts.    ( See  School  Districts.) 

District  schools : 

branches  taught 45  110 

discontinuance 41  102a 

free  to  children  between  the  ages  of  5  and  21 45  122 

school  month 45  111 

District  taxes.    ( See  Tax  Levy.) 

District  treasurer: 

bond 37  92 

failure  to  turn  over  money ;  penalty 39  97 

pay  out  money  on  order  of  clerk  and  director 38  93 

receive  school  money 38  94 

record  mooey  received  and  disbursed 39  96 

records  delivered  to  successor ;  penalty  for  failure 37  91 

report  to  annual  meeting 39  96 

Division  of  property  with  new  district 24  52 


INDEX.  169 

E. 

Education,  state  board.    (See  State  Board  of  Education.) 

Election  :  pg>  gee. 

board  of  education,  cities  of  first  class  ..............................................  72  196 

board  of  education,  cities  of  second  class  .  .........................................  90  241 

bond,  cities  of  first  class  .............................................................  80  220 

bond,  cities  of  second  class  ..........................................................  94  258 

bonds,  school  districts— 

notices  ............................................................................  99  270 

petition  ...........................................................................  99  270 

county  high  school  ...................................................................  53  135 

school-district  officers  ................................................................  33  76 

trustees,  county  high  school  ......................  .  ..................................  54  137 

Examinations: 

at  approved  colleges  .................................................................  65  176 

college  graduates,  on  common  branches  .............................................  65  175 

college  graduates,  on  professional  subjects  .........................................  65  172 

cities  of  first  class  ....................................................................  76  207 

cities  of  second  class  .................................................................  92  250 

county  ................................................................................  68  186 

state  ...................................................................................  64  170 

Examiners  : 

county  board  of.    (  See  County  Board  of  Examiners.) 
cities  of  first  class.    (  See  Examining  Committee.) 
cities  of  second  class.    (  See  Examining  Committee.) 
state  board  of.    (  See  State  Board  of  Education.) 

Examining  committee  : 

cities  of  first  class  ....................................................................  76  207 

cities  of  second  class  .................................................................  92  250 

Exemption  of  school  property  from  taxation  ...........................................  80  218 

Expenditures  : 

board  of  education,  cities  of  first  class  ..............................................  79  216 

board  of  education,  cities  of  second  class  ......................................  .....  93  225 

Fees:  F. 

sale  of  school  lands  ...................................................................    14°  &1 

sheriff,  for  serving  notice  ............................................................     137  37* 

Females,  no  distinction  between,  and  males,  in  schools  ................................       1  23 

Fines  and  penalties  :                                                                                                                      (   52  133 

applied  to  common-school  fund  ......................................................  j  122  337 

<  143       387 
collection  of  ..........................................................................  }  145       393 

judgments,  failure  to  make  levy  for  .................................................      **       1Q9 

First-grade  certificate  : 

average  required  ...................................................................... 

issued  to  whom  ....................................................................... 

Forfeited  school  land  reappraised  .......................................................    139 

Forfeiture  : 

county  superintendent,  of  office,  when   ............................................. 

district  oflBcer,  of  office,  when  ........................................................ 

schoolland  ...........................................................................    137 

G. 

Government  of  school,  deficiencies  in,  corrected  by  county  superintendent  ...........      10         16 

Governor: 

appoint  members  of  state  board  of  education  ...................................... 

appoint  members  of  state  text-book  commission  ...................  .................     1*6 

metes  and  bounds,  cities  of  second  class,  transmitted  to  ...........................      87 

proclamation  of,  declaring  city  of  second  class  .....................................      87 

select  land  for  state  university  ......................................................        3 

Graded  school  district  : 

apportionment  of  funds  to  ........................................................... 

board  of  directors  .................................................................... 


board,  duties  of 


170  INDEX. 

Graded  school  district — Concluded:  Pg.  See. 

clerks,  duties  of 32  71 

formation 31  66 

funds,  how  provided 31  68 

purpose 97  267 

single  district  may  establish 32  74 

treasurer 32  72 

Grades  of  approved  colleges  accepted  for  state  certificate 64  171 

Graduates : 

approved  colleges  entitled  to  credits 64  171 

county  high  school,  privileges  of 57  148 

Grand  jury  especially  charged  of  trespass  on  school  land 142  384 

H. 

High  schools : 

cities  of  first  class 74  198 

cities  of  second  class 90  243 

county.    (See  County  High  School.) 

Hygiene : 

pupils  instructed  in,  in  all  public  schools 71  194 

teachers  examined  in 71  194 

I. 

Immorality : 

certificate  canceled  for 66  180 

pupil  suspended  for,  by  district  board 43  106 

teacher  may  be  dismissed  for 42  103 

Incompetency  of  teacher : 

certificate  canceled  for 66  180 

dismissalfor 42  103 

Indebtedness : 

board  of  education,  city  of  first  class,  shall  not  create 77  209 

refunding  bonds  shall  not  increase „ 107  289 

Instalment  bonds  may  be  issued j  jog  292 

Institute  fund : 

created,  how 60  162 

disbursements 61  166 

report  by  county  superintendent 6i  164 

state  aid 61  165 

Institute,  normal.    (See  Normal  Institute.) 

Instructor,  normal  institute 60  161 

Insurance  company  pay  fifty  dollars  to  annual  school  fund : 120  329 

Interest: 

bonds,  cities  of  second  class 94  257 

deferred  payments  on  school  land,  how  applied 135  364 

levy  for,  cities  of  first  class 81  222 

levy  for,  cities  of  second  class 95  260 

paid  by  treasurer,  cities  of  first  class 82  224 

paid  promptly  when  due 95  262 

refunding  bonds,  levy  for,  in  cities  of  first  class 84  280 

refunding  bonds,  levy  for 108  290 

school-district  bonds 100  273 

J. 

Joint  districts : 

appeals  to  state  superintendent  in  formation  or  alteration  of 22  50 

formation 22  50 

fund 24  51 

jurisdiction  of  county  superintendent  over 22  50 

report  of  children  made  to  both  county  superintendents 36  85 

Judgments,  tax  levy  to  pay 44  109 

Justice  of  the  peace : 

procedure  in  trespass  on  school  lands j  j^j 

report  to  county  superintendent  of  fines  collected , 121  332 


INDEX.  171 

Lease:                                                                      L.  p^  8eCt 

building  for  county  high  school 55  142 

schoolhouse  site 27  58 

school  lands (25 

Legislature:                                                                                                                                '**»  355 

establish  common  and  higher  schools i  2 

make  no  distinction  between  sexes  in  schools \  23 

Libraries,  school  district : 

district  board  shall  purchase 127  350 

librarian 127  351 

rules  and  regulations 127  354 

tax  levy  for 127  349 

M. 

Males,  no  distinction  between,  and  females,  in  schools 1  23 

Map  of  districts  furnished  assessors  by  county  superintendent 18  33 

Maturity: 

bonds  and  coupons,  notice  of,  sent  by  state  treasurer 104  281 

bonds  may  be  paid  before 103  279 

Mayor: 

city  of  first  class,  election  proclamation 80  220 

city  of  second  class,  certify  boundaries  to  governor 87  233 

city  of  second  class,  election  proclamation 94  258 

Meetings : 

board  of  education,  cities  of  first  class 79  214 

board  of  education,  cities  of  second  class 93  253 

public,  held  by  county  superintendent  in  each  school  district 10  16 

school  district.    ( See  District  Meetings.) 

school-fund  commissioners 112  297 

state  board  of  education 64  170 

Money : 

penalty  for  wrongful  use  of 110  294 

remitted  to  state  treasurer 104  282 

taxes  payable  in j   ™  210 

Month,  school 45  111 

Neglect:  N. 

county  superintendent,  to  perform  duty 18  35 

district  officer,  to  deliver  books  to  successor 37  91 

district  officer,  to  qualify 34  78 

district  officer,  to  report  tax  levy 37  108 

officer,  to  levy  tax,  shall  be  made  succeeding  year 38  95 

teacher  may  be  dismissed  for 42  103 

Non-resident  pupils : 

admitted  by  district  board 41  102 

admitted  to  county  high  school 57  146 

Normal  institute : 

conductor  and  instructors 60  161 

county  superintendent  shall  attend 10  16 

fund 60  162 

held  annually 60  160 

state  aid 61  165 

union,  may  be  held,  when 62  168 

Notice : 

annual  meeting,  school  district 25  105 

appeal  from  decision  of  county  superintendent  to  county  commissioners 16  27 

appeal  to  state  superintendent,  in  case  of  joint  district 22  50 

county -high-school  election 53  135 

district-bond  election 99  270 

first  district  meeting 17  28 

forfeiture  of  school  lands 137  371 

maturity  of  bonds  and  coupons 104  281 

meetings  of  school-fund  commissioners 114  301 

sale  of  school  land 133  360 

special  school  meeting 25  53 


172  INDEX. 

Oaths:                                                                         O.  pff,  gee. 

administered  by  certain  officers 123  339 

administered  by  county  superintendent,  in  certain  cases 15  24 

Oath,  official : 

administered  by  chairman  of  district  meeting 34  77 

county  superintendent 10  15 

district  officers 34  77 

state  superintendent 5  1 

Office: 

county  superintendent 10  16 

state  superintendent 5  1 

Officers: 

board  of  education,  cities  of  first  class 74  198 

board  of  education,  cities  of  second  class 90  243 

school  district.     (  See  District  Officers.) 

Official  opinions  of  state  superintendent 6  6 

Official  reports  preserved  by  state  superintendent 7  9 

Orders,  school  district: 

drawn  by  clerk 35  82 

drawn,  how  and  to  whom 123  338 

signed  and  attested 123  340 

record  kept  by  clerk 123  341 

sworn  to 123  339 

Organic  act,  educational  provisions  of 1  34 

P. 

Patent  for  school  land,  issued  when 137  370 

Penalty : 

board  of  education  cities  of  first  class  creating  indebtedness 80  219 

collected,  support  common  schools 122  337 

county  clerk  failing  to  report  sale  of  school  lands 143  388 

county  treasurer  failing  to  make  tax  levy  for  refunding  bonds 108  291 

county  treasurer,  for  wrongful  use  of  school  money 121  330 

district  board,  wrongful  issue  of  bonds* 101  274 

failure  of  district  officer  to  deliver  records  to  successor 37  92 

failure  of  district  treasurer  to  turn  over  money 39  97 

failure  to  levy  bond  tax,  cities  of  first  class 85  231 

failure  to  offer  bonds  to  school-fund  commissioners 102  278 

failure  to  report  tax  levy 37  88 

false  report  of  clerk  to  superintendent 36  86 

neglect  of  county  superintendent 18  35 

officer  failing  to  make  tax  levy  for  refunding  bonds 108  290 

receiving  bonus  from  publisher 145  394 

refusing  child  admittance  to  school 45  113 

refusing  to  send  child  to  school 48  120 

swearing  falsely  regarding  school  land 132  358 

treasurer  failing  to  remit  money  to  state  treasurer 104  284 

signing  warrants  not  properly  issued 125  347 

Permanent  school  fund : 

commissioners.     (  See  School-Fund  Commissioners.) 

composed,  how 2  3 

orders  on,  drawn  by  school-fund  commissioners 114  304 

record  of  condition  kept  by  commissioners 113  298 

shall  not  be  diminished 2  3 

state  treasurer  custodian  of 114  305 

unclaimed  estates  added  to 115  309 

Petition : 

appraisement  of  school  land 129  353 

district-bond  election 98  269 

special  district  meeting 25  53 

President : 

agricultural  college,  member  state  board  of  education 63  169 

board  of  education,  cities  of  first  class 75  201 

board  of  education,  cities  of  second  class 91  245 

county-high-school  trustees 54  138 

state  normal  school,  member  state  board  of  education 63  189 


INDEX.  173 

Physiology  and  hygiene :  pq,    gee. 

teacher  examined  in 71  194 

pupils  instructed  in,  in  all  public  schools 71  194 

Principal : 

county  high  school  employed 56  143 

rules  for  county  high  school  adopted  by 57  147 

Probate  court,  proceedings  regarding  school  land 133  359 

Property : 

destruction  of,  penalty 4 

division  of,  with  new  district 24  52 

school,  in  cities  of  first  class,  controlled  by  board  of  education 74  199 

school,  in  cities  of  first  class,  may  be  sold 79  213 

school,  in  care  of  board 40  99 

school,  maybe  sold 27  58 

school,  title  of,  vested  in  board  of  education 79  212 

Prosecution : 

bond  of  district  treasurer,  whose  duty 37  92 

county  clerk,  for  failure  to  report  to  auditor 143  389 

county  superintendent,  for  failure  to  provide  school 47  118 

county  treasurer,  for  failure  to  remit  to  state  treasurer 144  391 

district  treasurer,  for  failure  to  turn  over  money 39  97 

malicious 49  122 

parent  or  guardian,  for  failure  to  send  child  to  school 49  121 

Publication  of  school  laws  and  blanks 7  7 

Pupils : 

appeal  of,  to  county  superintendent,  on  suspension 43  106 

non-resident,  admitted  by  district  board .'  41  102 

non-resident,  admitted  to  county  high  school 57  146 

suspension  of ,  by  district  board 43  106 

suspension  of,  from  county  high  school 57  147 

send  children  to  other  districts,  when 41  j  JJjf  £ 

Qualification :  Q. 

county  superintendent 9  12 

district  officer  must  make,  within  20  days 34  78 

Qualified  voter  of  district  meeting 26  56 

Quarterly  report  of  county  superintendent 11  16 

Records :  R- 

apportionment  of  school  fund  kept  by  county  superintendent 10  16 

condition  of  permanent  school  fund  kept  by  commissioners 114  303 

district  officer,  deliver  to  successor 37  91 

district  treasurer 39  96 

school  district,  purchased  by  county  superintendent 15  25 

school-fund  commissioners 113  298 

teachers' 42  104 

Refunding  bonds : 

cities  of  first  class— 

issuance,  manner  of 83  228 

registration  by  board  of  education 84  229 

tax  levy 8*  230 

indebtedness  shall  not  be  increased  by 107  289 

interest  levy 108  290 

issued,  how  and  when 106  287 

registration 106  288 

signed,  by  whom 105  286 

sinking-fund,  levy  for 109  292 

what  indebtedness  may  be  refunded 106  287 

Registration : 

bonds,  cities  of  first  class 

bonds,  cities  of  second  class 95  264 

bonds,  refunding 106  288 

bonds,  school  district 1°°  272 

warrants • ^  344 

Removal  of  schoolhouse....             40  101 


174  INDEX. 

Reports:  pg.  Sec. 

auditor  of  state,  regarding  school  lands 141  379 

board  of  education,  cities  of  first  class,  annual 79  215 

board  of  education,  cities  of  second  class,  annual 93  254 

commencement  of  school  term 37  89 

county  superintendent,  annual 13  19 

dibtrict  clerk,  annual |   J|  |j 

district  clerk,  names  of  district  officers 37  89 

district  clerk,  names  of  taxpayers  to  county  clerk 36  87 

district  clerk,  tax  levy 44  108 

district  treasurer 39  96 

indebtedness,  by  clerk  of  municipal  corporation 37  90 

institute  fund 61  164 

joint-district  clerk,  annual 36  85 

justice  of  the  peace,  fines  collected 121  332 

sales  of  school  land 143  388 

state  superintendent,  biennial 8  11 

teacher,  to  district  clerk 42  104 

Revocation  of  certificate 70  193 

Rules  and  regulations: 

board  of  education,  cities  of  first  class 74  198 

board  of  education,  cities  of  second  class 90  243 

county  high  school 57  147 

school-district  libraries 127  351 

Salary:  S. 

board  of  examiners 67  185 

clerk  board  of  education,  cities  of  first  class 75  203 

clerk  board  of  education,  cities  of  second  class 91  244 

county  superintendent 14  20 

superintendent  of  schools,  cities  of  first  class 75  203 

superintendent  of  schools,  eities  of  second  class 92  250 

treasurer  board  of  education,  cities  of  first  class 76  205 

trustees  county  high  school 58  151 

Sale: 

schoolhouse  site  and  other  property- 27  58 

school  land 128  352 

school  land,  private 139  375 

school  property  in  cities  of  first  class 79  213 

unclaimed  estates 116  310 

School  board.    ( See  District  Board.) 

School  district: 

annexation  to  city 29  63 

changing,  by  county  superintendent 16  26 

cities  of  first  class  shall  be 79  211 

depopulated,  may  be  disorganized 17  29 

formation,  by  county  superintendent 16  26 

joint.    (  See  Joint  District.) 

libraries 127  349 

meetings.     ( See  District  Meetings.) 

organized,  when 22  48 

purchase  school  land  for  site 140  376 

shall  be  body  corporate 22  49 

union  or  graded  school.     (  See  Graded-School  District.) 

School  fund : 

annual.  ( See  Annual  School  Fund.) 
county.  (  See  County  School  Fund.) 
permanent.  ( See  Permanent  School  Fund.) 

pledged  as  security  in  cities  of  first  class 83  226 

religious  sect  shall  not  control 3  8 

university.     (  See  University  Fund.) 

School-fund  commissioners : 

act  in  person  only 112  269 

bonds  purchased  by,  shall  be  registered 117  315 

bonds  shall  be  offered  to...                                                              102  278 


INDEX.  175 

School  fund  commissioners — Concluded:  Pg.  Sec. 

composed,  how j  n3  ^ 

draw  orders  on  the  state  treasurer 114  304 

funding  bonds  purchased  by 118  321 

investment  of  funds 113  300 

meetings 112  297 

organization 112  296 

quorum 114  301 

record  of  condition  of  school  fund  kept  by 114  302 

records 113  298 

register  bonds  offered 113  299 

school  land,  proceeds  of,  invested  by 139  374 

Schoolhouse : 

appraisement  of 28  61 

cared  for  by  district  board 40  99 

condition  reported  to  board  by  county  superintendent 10  16 

removal 40  101 

sale  of 27  58 

use  of ,  may  be  allowed  by  board 40  100 

Schoolhouse  site: 

change  of 28  60 

condemnation  of 28  62 

purchase  or  lease  of,  by  district  board 39  98 

sale  of 27  58 

selection  of • 27  58 

size 27  58 

tax  levyfor 27  58 

School  land : 

abstract  of  county  superintendent's  orders 141  378 

abstracts  transmitted  to  auditor  by  county  clerk 136  366 

appraisement 129  353 

brought  into  market,  when 129  355 

certificate  of  purchase  issued  by  county  clerk 134  362 

creditson  contract  of  sale 135  363 

county  clerk  and  sheriff 132  357 

fees 1*0  377 

forfeited,  shall  be  reappraised 139  372 

forfeiture 137  371 

granted  for  educational  purposes : 128  352 

interest  on  deferred  paymeats,  how  applied 135  364 

(     2  3 

leasing  of }  129  355 

notice  of  sale ; 133  360 

patent  issued,  when 137  370 

payment  for,  how  made 143  390 

payment  for,  terms  of 134  361 

payments  on,  credited  to  purchaser 135  365 

petitioner  may  purchase 133  360 

private  sale,  when  and  how 139  375 

proceeds  of  sale,  investment  of 139  374 

report  of  auditor, 1*1  379 

report  of  county  clerk I*2  380 

report  of  sales 1*3  388 

sale  must  be  authorized  by  vote 2 

school  district  may  purchase 1*0  376 

set  apart  by  act  of  admission 2 

settler's  rights 129  355 

sold.how 129  353 

subject  to  revaluation  every  five  years 

swearing  falsely  regarding 132  358 

taxation  of 136  369 

trespass  upon ! 

timbered,  subdivided ' 

unlawful  purchase 

unlawful  to  occupy  school  land ldl  35Q 


176  INDEX. 

Pg.  Sec. 

School  month 45  111 

Schools,  district.    ( See  District  Schools.) 

School  term : 

commencement  of ,  reported  by  district  clerk 37  89 

four  months',  must  be  held,  when 46  116 

length  of,  determined  by  district  meeting 27  59 

Second-grade  certificate : 

average  required 69  191 

issued  to  whom 69  191 

Secretary  board  of  trustees,  county  high  school 54  138 

Secretary  of  state : 

member  of  board  of  school-fund  commissioners j  J1; 

president  board  of  school-fund  commissioners 112  296 

Sectarian  doctrine  shall  not  be  taught : 

citiesof  first  class 80  217 

cities  of  second  class 80  217 

Sheriff: 

fees 137  371 

serve  notice  of  forfeiture  of  school  land 137  371 

collect  rental  from  persons  occupying  school  land 132  357 

Sinking-fund : 

investment  of,  for  school  district 100  273 

may  be.  included  in  coupons 109  292 

refunding  bonds ;  levy  ;  investment 109  292 

tax  levy  for,  in  cities  of  first  class .*. 81  222 

tax  levy  for,  in  cities  of  second  class 95  260 

tax  levy  for,  in  school  districts 100  273 

use  of,  in  cities  of  first  class 82  224 

use  of,  in  cities  of  second  class 95  261 

Special  school  meeting : 

called,  how 25  54 

county  superintendent  may  call,  when 25  54 

notice  of 25  53 

State  agricultural  college.    (  See  Agricultural  College.) 

State  board  of  education : 

applicants  for  certificates  examined  by 64  170 

certificates  canceled  by 66  180 

certificates  renewed  by 66  179 

certificates,  state,  issued  by 65  173 

composed,  how 63  169 

diplomas  to  teach  for  life,  issued  by 63  169 

expenses  of,  paid  by  state 64  170 

grades  on  academic  subjects  accepted  by,  from  certain  colleges 64  171 

graduates  of  approved  colleges  examined  by,  on  professional  subjects 65  172 

meetings 64  170 

questions  for  county  examinations  prepared  by 68  187 

State  normal  school : 

certificate  granted  after  attendance  of  22  weeks 71  194a 

county-high-school  graduates  admitted  to 57  148 

diploma  from,  certificate  to  teach 71  194a 

president  member  of  state  board  of  education 63  169 

State  superintendent  of  public  instruction : 

appeal  to,  in  case  of  joint  district 22  50 

apportionment  of  annual  school  fund 2  4 

assistant  and  clerk  appointed  by 5  3 

attorney-general  shall  advise 6  6 

blanks  published  and  forwarded  to  county  superintendent  by 7  7 

bond 5  1 

certify  copies  of  papers 7  10 

deliver  report  to  governor 8  11 

draw  order  on  state  treasurer 6  5 

duties,  general 5 

examination  questions  printed  and  forwarded  by |   gg  jgg 

member  state  board  of  education * 61  169 


INDEX.  177 

State  superintendent  of  public  instruction— Concluded:  Pg.  Sec. 

normal-school  diploma  and  certificate  signed  by 71  194a 

oath,  official 5  j 

office  in  the  capitol 7  9 

opinions,  official 6  6 

records  of  school-fund  commissioners  kept  by 114  303 

report,  biennial g  11 

reports,  official,  preserved 7  9 

school  laws,  publication  of 7  7 

secretary  board  of  school-fund  commissioners 112  296 

state  diplomas  signed  by 63  It9 

supervise  school  fund  and  educational  interests 1  1 

text-books,  most  approved,  recommended  by 7  8 

visit  each  county  in  the  state  once  in  two  years 7  8 

State  treasurer: 

annual  school  fund  paid  to  county  treasurers  by 120  327 

bonds  or  coupons  paid,  canceled  by 104  283 

bonds  belonging  to  school  fund  payable  at  office  of 103  280 

custodian  of  annual  school  fund 119  324 

custodian  of  permanent,  normal  and  university  funds 114  359 

money  to  pay  bonds  and  coupons  remitted  to 104  282 

notice  of  maturity  of  bonds  and  coupons  sent  by 104  281 

produce  bonds  and  coupons  for  comparison  with  auditor's  register 118  319 

purchase-money  of  school  land  turned  over  to,  by  county  treasurers 136  368 

register  orders  drawn  by  school-fund  commissioners 114  304 

report  to  state  superintendent  amount  of  annual  school  fund 119  325 

statement  to  auditor  of  amount  collected  on  bonds 117  317 

State  university : 

chancellor  member  of  state  board  of  education 63  169 

county-high-school  graduates  admitted  to 57  148 

graduates  entitled  to  credits  for  state  certificates 65  174 

Superintendent  of  schools : 
cities  of  first  class  — 

compensation 75  203 

duties 75  203 

election....; 74  200 

memberof  board  ineligible 74  200 

cities  of  second  class  — 

compensation  92  250 

duties 92  250 

election 92  250 

member  of  board  ineligible 92  250 

Suspension  of  pupil : 

county  high  school 57  147 

district  board 43  106 

Taxation :  T. 

attached  territory 89  236 

school  land  subject  to 136  369 

school  property  exempt 80  218 

Taxes : 

interest  coupons  receivable  for Ill  295 

(  79  210 

payable  in  money  |  93  252 

Tax  levy : 

cities  of  first  class 77  209 

cities  of  second  class 92  251 

(  54  139 

county  high  school ^  55  140 

county  superintendent  make,  when 46  117 

depopulated  school  district 17 

district  annexed  to  city 29 

failure  to  make,  shall  be  made  succeeding  year 38 

graded-school  district 

interest  and  sinking-fund,  cities  of  first  class 81  222 

interest  and  sinking-fund,  cities  of  second  class 95  260 

—12 


178  INDEX. 

Tax  levy —Concluded:  Pg.  Sec. 

interest  and  sinking-fund,  school  districts 100  273 

penalty  for  failure  to  make,  in  cities  of  first  class 85  231 

penalty  for  failure  to  make,  for  refunding  bonds 108  290 

refunding  bonds 108  290 

refunding  bonds  and  interest,  cities  of  first  class 84  230 

reported  by  district  clerk ;  penalty  for  failure 37  88 

school-district  libraries 127  349 

Treasurer : 

board  of  education,  cities  of  first  class 76  205 

board  of  education,  cities  of  second  class  — 

bond;  general  duties 91  249 

election 96  266 

countersign  warrants  and  orders 124  342 

county  high  school 54  138 

county.     (See  County  Treasurer.) 

money  to  pay  bonds  and  coupons  to  be  remitted  by.... 104  282 

penalty  for  failure  to  remit  money 104  284 

payment  of  warrants  and  orders 124  343 

publish  list  of  warrants 124  345 

register  orders  or  warrants 124  344 

school  district.     ( See  District  Treasurer.) 

state.     (See  State  Treasurer.) 

warrant  register  delivered  to  successor 125  346 

Trespass  on  school  lands: 

c°<*Plaint {}g  385 

fines  collected  applied  to  school  fund 143  387 

grand  jury  specially  charged  regarding 142  384 

penalty 142  381 

procedure  in  court 142  383 

Trustees  county  high  school : 

appointment 54  136 

building  for  high  school  leased  by  55  142 

compensation 58  151 

election • 54  137 

officers * 54  138 

principal  of  high  school  employed  by 56  143 

report,  annual 57  149 

vacancies  filled  by  county  commissioners 58  150 

Tuition  fee : 

city  of  first  class,  high  school 74  199 

city  of  second  class,  high  school 90  243 

county  high  school 56  145 

district  board  may  assess,  when 46  115 

Teachers: 

cities  of  first  class 76  207 

cities  of  second  class 92  250 

contracts  shall  be  written 42  103 

dismissal  by  board  and  county  superintendent 42  103 

district  board  shall  hire 42  103 

records  and  reports 42  104 

register  of,  kept  by  county  superintendent 10  16 

sex  of  teachers  to  be  employed  fixed  by  district  meeting 27  59 

wages  of  last  month  not  to  be  paid  until  report  is  made 42  104 

wages  shall  be  specified  in  contract 42  104 

Teachers'  associations : 

county  superintendent  encourage  formation  of 10  16 

county  superintendent  shall  attend 10  16 

Temporary  certificate : 

applicants  at  last  examination  shall  not  receive 70  192 

issued  only  once  to  same  person 70  192 

issued  on  request  of  district  board 70  192 

Territory : 

attached  for  school  purposes 88  235 

detached  by  county  superintendent : 89  237 


INDEX.  179 

Text-books : 

bids-  Pff-  Sec- 

advertised  for |  5s7  420 

formof 148  399 

for  publication  of  books... 150  402 

investigated 149  400 

may  be  rejected 149  400 

received  and  opened 148  400 

books — 

additional  texts 156  418 

exchange  of 150  400 

estimate  of  number  needed 152  406 

district  ownership  of 152  407 

(149  400 

price  of «  152  405 

( 156  419 

reference,  may  be  used. 153  409 

selected,  county  superintendent  notified  of 151  404 

commission  — 

appointed  by  governor 146  395 

appropriated  for -. 155  417 

books  adopted  by 147  398 

manuscript  procured  by 150  402 

members  of,  shall  take  oath 154  414 

salary  of  members 146  395 

state  superintendent  chairman  of 146  395 

term  of  office  of  members 146  396 

vacancy  in,  filled  by  appointment 154  413 

vote  by  yea  and  nay 150  401 

contracts  — 

blanks  for,  furnished  by  attorney-general 154  410 

duration  of 153  409 

proclaimed  by  governor 151  404 

state  not  liable 151  403 

violation  of...: 153  408 

dealer  arranged  with 151  405 

maps,  globes,  charts,  and  other  apparatus 157  421 

meetings  of  commission  — 

length  of {}g  }g 

proceedings  published 150  401 

special 154  412 

secret 150  401 

( 147  397 

timeof [lU  423 

C 154  415 

"""^ ;••; jltl  % 

secretary  of  commission  — 

election 150  401 

duties 150  401 

Unclaimed  estates:  "• 

petition  of  county  superintendent 115  309 

proceeds 116  311 

sale  of  real  estate 116  310 

Unclaimed  moneys,  use  of 122  336 

Uniform  system  of  examinations 68  187 

Union  institutes 62  168 

Union  or  graded-school  districts.     ( See  Graded-School  District.) 
University  fund : 

constitutional  provision 2  7 

investment  by  school-fund  commissioners 113  300 

lands  set  apart  for 2 

record  of  condition  kept  by  state  superintendent 114  302 

religious  sect  shall  not  control 3  8 

state  treasurer  custodian  of 114  305 


180  INDEX. 

Pff.    Sec. 

Use  of  money  collected  to  pay  refunding  bonds ;  penalty 85  232 

Use  of  schoolhouse 40  100 

Use  of  sinking-fund,  cities  of  first  class 82  224 

Use  of  sinking-fund,  cities  of  second  class 95  261 

Vacancies :  V. 

board  of  education,  cities  of  first  class 73  197 

board  of  education,  cities  of  second  class 90  242 

county  superintendent's  office 15  22 

district  board 14  21 

examining  committee,  cities  of  first  class 77  208 

examining  committee,  cities  of  second  class 92  250 

trustees,  county  high  school 58  150 

Vice-president : 

board  of  education,  cities  of  first  class 75  202 

board  of  education,  cities  of  second  class 91  246 

Visitation : 

county  superintendent 10  16 

state  superintendent 7  8 

Voters  at  district  meetings  : 

challenge 26  57 

qualifications 26  56 

Wages,  teachers' :  W. 

contract  shall  state 42  103 

paid  for  last  month  of  school  only  after  report  has  been  made 42  104 

Warrants : 

countersigned  by  treasure* 124  342 

drawn  how,  and  to  whom 123  338 

indorsement  by  treasurer 124  344 

payment  by  treasurer 124  343 

payment  in  proper  order 124  344 

publication  of  lists 124  345 

record  kept  by  clerk 123  341 

signed  and  attested 123  340 

sworn  to 123  339 

to  whom  drawn 123  338 

Warrants  lost  or  destroyed : 

duplicate  issued ...  160  |  J|J 

duplicate  same  as  original 160  430 

duplicate  recorded 160  431 

officer  delivered  to 160  428 

Waste  shall  not  be  committed  by  purchaser  of  school  land 136  369 

Water-closets 126  348 


JU 


/Sf? 


